Crown
Employees (Police Officers - 2008) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Police
Association of New South Wales, Industrial Organisation of Employees.
(No. IRC 940 of 2008)
Before The Honourable
Justice Boland, President
|
27 June 2008
|
AWARD
PART A
1. Arrangement
PART A
Division 1 - General
Clause No. Subject Matter
1. Arrangement
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
Division 2 - Leave
16. Leave
Generally
17. Applications
for Leave
18. Annual
Leave
19. Extended
Leave
20. Sick Leave
21. Sick Leave
to Care for a Family Member
22. Maternity
Leave
23. Parental
Leave
24. Adoption
Leave
25. Right to
Request Additional Maternity, Parental or Adoption Leave
26. Communication
During Maternity, Parental or Adoption
Leave
27. Accrual of
Leave While On Maternity, Parental or Adoption Leave
28. Incremental
Progression While On Maternity Leave, Adoption Leave or Parental Leave
29. Family and
Community Service Leave
30. Leave
Without Pay
31. Military
Leave
32. Special
Leave
Division 3 -
Association Activities
33. Association
Activities Regarded as Special Leave
34. Association
Activities Regarded as on Duty
35. Association
Training Courses
Division 4 -
Non-Commissioned Officers
36. Salaries
(Other than Detectives)
37. Salaries
(Detectives)
38. Loading
39. Leading
Senior Constables
40. Special
Duties Allowance
41. Professional/Academic
Qualification Allowance
42. On Call
Allowances
43. Hours of
Duty
44. Shift
Allowance
45. Meals
46. Overtime
47. Recall to
Duty
48. Court
Attendance Between Shifts
49. Lockup
Keepers’ or Sole Detective’s Recall
50. On Call
Detectives Recall
51. Penalty
Provisions Not Cumulative
52. Travelling
Time
53. Time in
Lieu of Payment of Travelling Time and Overtime
54. Relieving
Duty
55. Public
Holidays
56. Competency
Based Incremental Progression
57. Provision
of Uniform
58. Air Travel
59. Lockers
60. Work of a
Menial Nature
Division 5 -
Commissioned Officers
61. Salaries
62. Hours of
Duty
63. Fixed Term
Appointment
64. Non Renewal
Benefit
65. Competency
Based Incremental Progression
66. Relieving
Duty
67. Travelling
Time
Division 6 - Disputes/Grievance Settlement Procedure
68. Disputes/Grievance
Settlement Procedure
Division 7 - Leave
Reserved
69. Leave
Reserved
Division 8 - Area,
Incidence and Duration
70. Area,
Incidence and Duration
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
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)
Division 1 - General
2.
No Further Claims
(i) This Award provides for;
(a) pay increases of 2% with effect from the
beginning of the first full pay period to commence on or after 1 July 2008 and
2% with effect from the beginning of the first full pay period to commence on
or after 1 January 2009;
(b) 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 1 July 2005 and arising from Clause 2
(ii) of the Crown Employees (Police Officers - 2005) Award.
(ii) Except as
prescribed in Clause 69, Leave Reserved, the pay increases and enhanced
conditions provided by this Award are premised on the basis that there shall be
no new salaries or conditions claims arising from negotiations of productivity
and efficiency improvements covered by the Memorandum of Understanding referred
to in subclause (i) above.
3.
Definitions
(i) "Officer" or
"Officers" means and includes all persons appointed pursuant to the Police
Act, 1990, to be a police officer member of New South Wales Police,
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 New South Wales Police Senior Executive
Service.
(ii) "Non-Commissioned
Officer" means and includes all persons defined as officers in subclause 0
above who are employed in a non-commissioned capacity, as prescribed by section
3, "Definitions", of the Police Act, 1990.
(iii) "Commissioned
Officer" means and includes all persons defined as officers in subclause 0
above who are employed in a commissioned capacity, as prescribed by section 3,
"Definitions", of the Police Act, 1990.
(iv) "Commissioner"
means the Commissioner of Police for the State of New South Wales or any person
acting in such position from time to time.
(v) "Service"
means continuous service. Future
appointees shall be deemed to have the years of service indicated by the
salaries at which they are appointed.
(vi) "Association"
means the Police Association of New South Wales.
(vii) "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.
(viii) "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.
(ix) "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.
(x) "Leading
Senior Constable" means and includes those Non-Commissioned Officers
employed by New South Wales Police, who on or after the date of operation of
this Award are appointed as a Leading Senior Constable in accordance with clause
39 of this Award.
4. Commitment to
Professional and Ethical Conduct
(i) Officers shall
maintain the highest possible standards of professional and ethical conduct.
(ii) 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.
(iii) Officers shall
be responsible for maintaining the currency of their professional knowledge and
be pro-active in maintaining the requisite competencies for incremental
progression.
(iv) For its part
New South Wales Police 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
(i) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, responsibilities as a carer, and age.
(ii) 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.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to this
Award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
(v) 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
(a) Employers and
employees may also be subject to Commonwealth anti discrimination legislation.
(b) 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
A copy of this Award shall be available for inspection by
officers at each Branch, Station or other place of attachment.
7. Existing
Privileges
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
(i) For
the purposes of this clause, "salary" means;
(a) the "Loaded Salaries" prescribed
by Table 1 - Non-Commissioned Officers’ (Other than Detectives) Salaries of
PART B, MONETARY RATES,
(b) the "Loaded Salaries" prescribed
by Table 2 - Detectives Salaries of PART B, MONETARY RATES; or
(c) the salaries prescribed by Table 3 -
Commissioned Officers’ Salaries of PART B, MONETARY RATES.
(ii) By mutual agreement with the Commissioner,
an officer may elect to package part or all of their salary in order to obtain;
(a) a benefit or
benefits selected from those approved from time to time by the Commissioner;
and
(b) a salary equal
to the difference between the salary prescribed for the officer by subclause
(i), 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.
(iii) The amount
packaged, including any salary sacrifice to superannuation arrangement under
subclause (x) to (xiv), may be up to one hundred (100) percent of the officer's
salary.
(a) 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 not limited to, compulsory
superannuation payment, HECS payments, child support payments, unions fees and
health fund premiums.
(iv) An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
(v) The agreement shall be known as a Salary
Packaging Agreement.
(vi) Except in
accordance with subclause (x) to (xiv), 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.
(vii) Where the
officer has elected to package a part or all of their salary:
(a) 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
(b) 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.
(viii) 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.
(ix) 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 these circumstances, the officer may elect to terminate the
Salary Packaging Agreement immediately.
(x) An officer may elect to sacrifice a part
or all of their salary additional to employer superannuation contributions.
(xi) Where the
officer makes an election in terms of subclause (x), the officer may elect to
have the amount of salary sacrificed;
(a) paid into the
superannuation scheme established under the First State Superannuation Act
1992 as an optional employer contribution; or
(b) subject to the
Commissioner's agreement, paid into another complying superannuation scheme as
employer superannuation contributions.
(xii) Where an
officer makes an election in terms of clause (x), the Commissioner shall pay
the amount of salary, the subject of election to the relevant superannuation
fund.
(xiii) Where an officer makes an election in terms
of subclause (x) and where the officer is a member of a superannuation
established under the;
(a) Police
Regulation (Superannuation) Act 1906;
(b) Superannuation
Act 1916;
(c) State
Authorities Superannuation Act 1987;
(d) State
Authorities Non-Contributory Superannuation Act 1987; or
(e) First State
Superannuation Act 1992
The Commissioner must ensure that the amount of any
additional employer superannuation contributions specified in subclause (x) of
this clause is included in the officer's superable salary which is notified to
the SAS Trustee Corporations.
(xiv) Where an officer makes an election in terms
of subclause (x), 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 (xiii)
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
(i) This clause shall apply to officers who
commenced employment with New South Wales Police 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.
(ii) New South
Wales Police shall pay to any officer, as defined in sub-clause (i) above, the
difference between the statutory amount of any workers compensation payments
received by the officer and the ordinary rate of pay of the officer.
(iii) The officer’s
entitlement to sick leave shall not be affected by this clause.
(iv) The provisions
of this clause shall only apply whilst ever an officer remains as an employee
of New South Wales Police.
10. Deduction of
Police Association of New South Wales Membership Fees
New South Wales Police shall deduct Association membership
fees from the salaries of officers who are members of the Association and have
signed the appropriate authority. Unless New South Wales Police 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
(i) The Commissioner shall require officers
to obtain an authorisation for all official travel prior to incurring any
travel expense.
(ii) 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.
(iii) 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.
(iv) For
the first 35 days, the officer may claim either
(a) 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
(b) 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.
(v) Payment of allowance as described in
subclause (iv) 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.
(vi) 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
(vii) 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.
(viii) Adjustment of Allowances
Where the Commissioner is satisfied that an allowance
under subclause (iv) and (vii) is:
(a) 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
(b) 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.
(ix) 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.
(x) 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.
(xi) Review of
Allowances
The parties agree that the Meal, Travelling and Related
Allowances are to be reviewed in line with advice provided by Premier’s
Department Circular from time to time.
12.
Provision of Quarters
(i) 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 38 of this Award. With
respect to Commissioned Officers, "salary", for the purposes of this
clause, means the "all up" salaries of PART B, Monetary Rates of this
Award.
(ii) The salary of
officers as defined in subclause (i) 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 (i) above, an amount of 3% of such sum.
13.
Remote Area - Living Allowances
(i) 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.
(ii) An Officer
shall be paid an allowance for the increased cost of living and the climatic
conditions in a remote area, if:
(a) indefinitely
stationed and living in a remote area as defined in subclause (i) above; or
(b) 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 (i)
above.
(iii) The grade of
appropriate allowance payable under this clause shall be determined as follows:
(a) 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 (i) above, except as specified in
paragraphs (b) and (c) of this subclause; Non-Commissioned Officers
(b) 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;
(c) 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
(i) 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.
(ii) 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
|
(iii) Part time
employment may be worked under an ongoing arrangement (permanent part time
work) or for a defined period time (part time leave without pay).
(iv) Leave
entitlements for part time officers shall generally be calculated on a pro rata
basis in accordance with the average weekly hours worked. Relevant Full Time
Salary.
(v) 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 56 and 65 of this Award.
15. Local
Arrangements
(i) Local
arrangements, as specified in this Award, may be negotiated between the
Commissioner and the Association in respect to:
(a) any organisational
unit within New South Wales Police or part thereof;
(b) a particular
group of officers; or
(c) a particular
duty type.
(ii) 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.
(iii) Local
arrangements shall not result in any net disadvantage to officers in terms of
their total remuneration and conditions of employment.
Division 2 - Leave
16. Leave Generally
Except as otherwise provided for in this division the leave
entitlements of officers are prescribed by Part 6 of the Police Regulation,
2000.
17. Applications for
Leave
(i) An application
by an officer for leave under this division shall be made to and be dealt with
by the Commissioner. For the purpose of this division any reference to the
Commissioner shall mean either the Commissioner or any other member of New
South Wales Police with the delegated authority to approve leave pursuant to
section 31 of the Police Act, 1990.
(ii) The
Commissioner, in dealing with any such application must have regard to the
operational requirements of New South Wales Police, but as far as practicable
is to deal with the application in accordance with the wishes of the officer.
18. Annual Leave
(i) Annual leave on
full pay accrues to a Non-Commissioned Officer at the rate of 6 weeks (228
working hours) per year.
(ii) Annual leave on full pay accrues to a Commissioned Officer;
(a) at the rate of 5 weeks (190 working hours) per year, or
(b) 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 (v) and is regularly rostered
to work shift work on Sundays and Public Holidays.
(iii) 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 (a) of subclause (ii) above, shall be debited 7.6 hours for each
working day taken as annual leave.
(iv) 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.
(v) 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 purposes of this subclause:
(a) 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.
(b) A qualifying
period shall mean the period commencing 12 months from 1 December each year.
(vi) 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.
(vii) At least 2 consecutive
weeks annual leave shall be taken by an officer every 12 months except by
agreement with the Commissioner or where an officer has insufficient leave to
credit.
(viii) The
Commissioner shall notify an officer in writing when accrued annual leave reaches
9 weeks (342 working hours) and at the same time may direct the officer to take
up to 3 weeks annual leave within 6 months of notification.
(ix) The
Commissioner shall notify an officer in writing when accrued annual leave
reaches 12 weeks (456 working hours) and direct the officer to take up to 3
weeks annual leave within 12 weeks of the notification.
(x) Conservation of Leave - If the
Commissioner is satisfied that an officer is prevented by operational or
personal reasons from taking sufficient annual leave to reduce accrued leave
below an acceptable level of between 6 and 9 weeks the Commissioner shall:
(a) specify in
writing the period of time during which the excess leave shall be conserved,
and
(b) on the expiration of the period during which
the conservation of leave applies, grant sufficient leave to the officer at a
mutually convenient time to enable the accrued leave to be reduced to an
acceptable level.
(xi) 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.
(xii) The
Commissioner shall inform an officer in writing on a regular basis of the officer’s
annual leave accrual.
(xiii) Termination of
services
(a) 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.
(b) An officer to
whom paragraph (a) 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.
(c) 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:
(1) the officer's
surviving spouse, or
(2) if there is no
such surviving spouse, the officer's children, or
(3) 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.
(d) If there is a
guardian of any children entitled under paragraph (c), the payment to which
those children are entitled may be made to that guardian for their maintenance,
education and advancement.
(e) If there is no
person entitled under paragraph (c) 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.
(f) 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.
(g) 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.
(xiv) Accrual of
Annual Leave While on Extended Leave, Sick Leave
(a) 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.
(b) 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.
19. Extended Leave
(i) 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, 2000.
(ii) Entitlement To
Extended Leave
(a) Subject to this
Clause, an officer is entitled:
(1) 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
(2) after service
for more than 10 years, to:
(i) leave as
provided by sub paragraph (1), 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.
(b) For the purpose
of calculating the entitlement of an officer to extended leave under this
subclause at any time:
(1) 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
(2) taken or
received by that officer before that time, and
(3) the provisions
of Schedule 3A to the Public Sector Employment and Management Act 2002
have effect.
(c) 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):
(1) by the Crown,
the Governor or the Commissioner for any reason other than the officer's
serious and intentional misconduct, or
(2) by the officer
on account of illness, incapacity or domestic or other pressing necessity, the
officer is entitled:
(3) for 5 years'
service, to 1 month's leave (167.2 working hours) on full pay, and
(4) 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.
(d) For the purposes
of subclause (a) above, "service" includes:
(1) service under
the Teaching Services Act 1980, and
(2) any period of
leave without pay taken before the commencement of the Public Service and
Other Statutory Bodies (Extended Leave) Amendment Act 1963, and
(3) in the case of
an officer who has completed at least 10 years' service, any period of leave
without pay, not exceeding 6 months, taken after that commencement.
(e) In subparagraph
(d) (3), 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:
(1) 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
(2) to exclude any
period of leave without pay taken after that commencement.
(iii) Debiting
Extended Leave
(a) 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.
(b) 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.
(c) 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.
(d) Public Holidays
that fall whilst an officer is on extended leave shall be paid and not debited
from the officer’s extended leave entitlement.
(e) 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.
(iv) 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.
(v) Payment Where
Officer Has Died
(a) 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:
(1) the officer's
surviving spouse, or
(2) if there is no
such surviving spouse, the officer's children, or
(3) 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.
(b) If an officer
with at least 5 years' service as an adult and less than 7 years' service dies:
(1) the officer's
surviving spouse, or
(2) if there is no
such surviving spouse, the officer's children, or
(3) 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.
(c) 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.
(d) If there is no
person entitled under paragraph (a) or (b) 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.
(e) Any payment
under this clause is in addition to any payment due under any Act under which
superannuation benefits are paid.
(f) 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.
(g) 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.
20. Sick Leave
(i) 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, 2000.
(ii) Authority to
grant sick leave
(a) If the
Commissioner is satisfied that an officer is unable to perform her or his duty
because of illness, the Commissioner:
(1) must, subject to
this subclause, grant the officer
sick leave on full pay, and
(2) may, subject to
this subclause, 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.
(b) An officer may
elect to take available annual or extended leave instead of sick leave without
pay.
(iii) Requirements
For Medical Certificate
(a) An officer absent
from duty because of illness:
(1) in respect of
any such absence in excess of 3 consecutive working days, must furnish a
medical certificate to the Commissioner, or
(2) in respect of
any such absence of 3 consecutive working days or less, must if required to do
so by the Commissioner, furnish a medical certificate to the Commissioner.
(b) Despite
paragraph (a), 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.
(c) If an officer
applying for sick leave furnishes a medical certificate which appears to the
Commissioner to indicate that the condition of the officer does not warrant the
grant of sick leave, that application together with that medical certificate is
to be referred immediately by the Commissioner to a medical practitioner for
consideration.
(d) The nature of
the leave to be granted to an officer in respect of an application referred to
in paragraph (c) is to be determined by the Commissioner on the advice of a
medical practitioner.
(e) If sick leave is
not granted to an officer in respect of an application referred to in paragraph
(c), the Commissioner is, as far as practicable, to take into account the
wishes of the officer concerned when determining the nature of the leave to be
granted in respect of the application.
(f) 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.
(g) 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:
(1) in the case of
an officer on annual leave, the period set out in the medical certificate,
(2) 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.
(h) Paragraph (g) 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.
(i) Paragraph (g)
does not apply to sick leave that has been taken for carer's leave purposes in
accordance with clause 21 of this award.
(iv) Sick Leave
Entitlements
(a) 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.
(b) 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.
(c) 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.
(v) Recredit Of Rest
Days - Non Commissioned Officers
Any Non-Commissioned officer 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.
(vi) Payment During
Initial Period Of Service
(a) No more than 5
work 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.
(b) 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).
(vii) Procedure Where
Workers Compensation Claimed
(a) 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.
(b) 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
paragraphs (d) and (g), 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.
(c) 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.
(d) If, as a result
of any such medical examination:
(1) 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
(2) the Commissioner
makes available to the officer employment falling within the terms of that
certificate, and
(3) 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.
(e) Despite sub
paragraph (2), 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.
(viii) Procedure Where
Other Claim Has Been Made
(a) 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.
(b) 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:
(1) that any such
claim if made will include a claim for the value of any period of sick leave on
full pay granted, and
(2) 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.
(c) 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.
(d) 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.
21. Sick Leave to
Care for a Family Member
(i) Where family
and community service leave provided in clause 27 is exhausted, an officer with
responsibilities in relation to a category of person set out in subclause (c)
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.
(a) 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.
(b) The officer
shall, if required,
(1) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(2) 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.
(c) The entitlement
to use sick leave in accordance with this clause is subject to:
(1) the officer
being responsible for the care and support of the person concerned; and
(2) 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.
22. Maternity Leave
(i) An officer who
is pregnant shall, subject to this clause, be entitled to be granted maternity
leave as follows
(a) for a period up
to 9 weeks prior to the expected date of birth; and
(b) for a further
period of up to 12 months after the actual date of birth
(ii) An officer who
has been granted Maternity Leave may, with the permission of the Commissioner,
take leave after the actual date of birth:
(a) full-time for a
period of up to 12 months; or
(b) part-time for a
period of up to 2 years; or
(c) as a combination
of full-time and part-time over a proportionate period up to two years.
(iii) An officer who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
(iv) 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.
(v) 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.
(vi) An officer who:
(a) applied for
maternity leave within the time and in the manner determined by the
Commissioner; and
(b) 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.
(vii) Except as
provided in subclause (vi) of this clause, maternity leave shall be granted
without pay.
23. Parental Leave
(i) Parental Leave
shall be granted as follows:
(a) 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 (a) of
subclause (i) of clause 25 Right to
Request Additional Maternity, Parental or Adoption Leave.
(b) Extended
Parental leave - not exceeding 12 months. Further Parental Leave may be granted
in terms outlined under paragraph (b) of subclause (i) of clause 25 Right to
Request Additional Maternity, Parental or Adoption Leave.
(ii) Extended
Parental leave may commence at any time up to 2 years from the date of birth or
adoption of the child.
(iii) Extended
Parental leave:
(a) may be taken
full-time for a period not exceeding 12 months, or
(b) may be taken
part-time over a period not exceeding 2 years, or
(c) may be taken
partly full-time and partly part-time over a proportionate period.
(d) Extended
Parental leave may then continue under the terms outlined in paragraph (c) of
subclause (i) of clause 25, Right to Request Additional, Maternity, Parental or
Adoption Leave.
(iv) An officer who
resumes duty immediately on the expiration of parental leave:
(a) 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
(b) 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.
(v) An officer who;
(a) applied for
parental leave within the time and in the manner determined by the
Commissioner; and
(b) 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.
(vi) Except as
provided in subclause (v) of this clause, parental leave is to be granted
without pay.
24.
Adoption Leave
(i) An officer who adopts, and becomes the
primary care-giver for, a child:
(a) 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
(b) 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.
(ii) Adoption leave
referred to in paragraph (i):
(a) may be taken
full-time for a period not exceeding 12 months, or
(b) may be taken
part-time over a period not exceeding 2 years, or
(c) may be taken
partly full-time and partly part-time over a proportionate period; as the
Commissioner may permit.
(d) Adoption leave
may then continue under the terms outlined in paragraph (b) and (c) of
subclause (i) of clause 25 Right to Request Additional, Maternity, Parental or
Adoption Leave.
(iii) 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.
(iv) An officer who
resumes duty immediately on the expiration of adoption leave:
(a) 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
(b) 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.
(v) Except as
otherwise provided by subclause (vi), adoption leave is to be granted without
pay.
(vi) An officer who:
(a) applies for
adoption leave within such time and in such manner as the Commissioner may from
time to time determine, and
(b) 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.
25.
Right to Request Additional Maternity, Parental Or Adoption Leave
(i) An officer who has been granted
maternity, parental, or adoption leave in accordance with clauses 22, 23 and 24
of this Award may make a request to the Commissioner to:
(a) extend a period of short term parental
leave as provided for in subclause (i) of clause 23 of this Award to an
unbroken period of 8 weeks;
(b) extend the period of unpaid maternity,
parental, or adoption leave for a further continuous period of leave not
exceeding 12 months;
(c) 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.
(ii) 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.
26. Communication
During Maternity, Parental Or Adoption
Leave
(i) 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:
(a) 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
(b) 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.
(ii) 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.
(iii) 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
(i).
27. Accrual of Leave
While on Maternity, Parental Or Adoption Leave
(i) For the purpose
of accrual of leave by an officer:
(a) 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
(b) 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.
(ii) 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.
28. Incremental
Progression While on Maternity Leave, Adoption Leave Or Parental Leave
(i) For the purpose
of payment of any increment to an officer:
(a) 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
(b) a period of any
maternity leave, adoption leave or parental leave without pay is not to be
counted as service.
29. Family and
Community Service Leave
(i) 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.
(ii) Such cases may
include but not be limited to the following:
(a) compassionate
grounds - such as the death or illness of a close member of the family or an
officer or the officer’s household;
(b) 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;
(c) emergency or
weather conditions - such as when flood, fire or snow etc. threaten property
and/or prevent an officer from reporting for duty;
(d) other personal
circumstances - such as citizenship ceremonies, parent/teacher interviews or
attending child's school for other reasons;
(iii) 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.
(iv) The maximum
amount of family and community service leave on full pay that may be granted to
an officer is:
(a) 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;
(b) after the
completion of 2 year’s 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.
(v) 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.
(vi) 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.
(vii) The amount of
any family and community service leave without pay that may be granted under
paragraph (vi) 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.
30. Leave Without Pay
(i) The
Commissioner may grant leave without pay to an officer for a period not
exceeding 3 years if good and sufficient reason is shown.
(ii) Leave without
pay is subject to such conditions as the Commissioner may from time to time
determine.
(iii) Leave without
pay may be granted on a full-time or a part-time basis.
(iv) Leave without
pay is not to be counted as service for the purposes of:
(a) accrual of
annual leave or sick leave, or
(b) the payment of
any increment.
(v) Leave without
pay is not to be counted as service for the purposes of:
(a) any
qualification for promotion within the rank of constable, or
(b) the period of
any probation.
(vi) This clause
does not apply to leave without pay that is sick leave, maternity leave,
adoption leave or parental leave.
31. Military Leave
(i) 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.
(ii) 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 (i) of this clause.
(iii) 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.
32. Special Leave
(i) Special leave
on full pay is to be granted to officers:
(a) for the purpose
of attending at any examination under the New South Wales Police Act,
1990 or the Police Regulation, 2000; and
(b) 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.
(ii) Special leave
granted under subclause (i) 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.
(iii) 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.
Division 3 - Association Activities
33. Association
Activities Regarded as Special Leave
(i) The granting of
special leave with pay will apply to the following activities undertaken by a
association delegate, as specified below:
(a) annual or
biennial conferences of the delegate's union;
(b) meetings of the
union's Executive, Committee of Management or Councils;
(c) annual
conference of Unions NSW and the biennial Congress
of the Australian Council of Trade Unions;
(d) attendance at
meetings called by Unions NSW involving a public sector association, which
requires attendance of a delegate;
(e) attendance at
meetings called by the Public Sector Workforce Office, as the employer for
industrial purposes, as and when required;
(f) giving evidence
before an Industrial Tribunal as a witness for the association;
(g) reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 33, 34 and 35 of this award apply.
34. Association
Activities Regarded as on Duty
(i) 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:
(a) 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;
(b) Attendance at
meetings with workplace management or workplace management representatives;
(c) A reasonable
period of preparation time, before -
(1) meetings with
management;
(2) disciplinary or
grievance meetings when an association member requires the presence of a
association delegate; and
(3) any other
meeting with management,
(d) by agreement
with management, where operational requirements allow the taking of such time;
(1) Giving evidence
in court on behalf of the employer;
(2) Appearing as a
witness before the Government and Related Employees Appeal Tribunal;
(3) Representing
their association at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal Member;
(4) Presenting
information on the association and association activities at induction sessions
for new staff of the department; and
(5) 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.
35. Association
Training Courses
(i) The following
training courses will attract the grant of special leave as specified below:
(a) 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.
(b) 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 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;
Division 4 - Non-Commissioned Officers
36. Salaries (Other
Than Detectives)
Subject to the Police Act, 1990, and Regulations and
any requirements there under and to the provisions of clause 56,
"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.
37. Salaries
(Detectives)
(i) Subject to the Police
Act, 1990, and Regulations and any requirements there under and to the
provisions of clause 56, "Competency Based Incremental Progression"
(Non-Commissioned Officers), of this Award, a Non-Commissioned Officer
(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 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:
(a) the Loading
prescribed by clause 38 of this Award; and
(b) 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
(c) an Allowance as
prescribed in Table 6 - Detectives’ Special Allowance of Part B Monetary Rates.
(ii) Upon the day of permanent appointment of
a Non Commissioned Officer as a Detective as defined at 3(x) of this award,
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 39(iv):
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
|
|
(iii) 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.
(iv) No directed
transfers (involuntary) out of a criminal investigation position are to occur
without reference to and approval of the Director, Human Resources.
38. Loading
A Non-Commissioned Officer shall, in addition to the salary
prescribed in clause 36, 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.
39. Leading Senior
Constables
(i) Subject to
provisions duly agreed between the Commissioner and Association a
Non-Commissioned Officer of the rank of Senior Constable may be appointed as a
Leading Senior Constable.
(ii) 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
(iii) Incremental
progression for Leading Senior Constables shall be subject to the provisions of
clause 55 of this Award.
(iv) 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 the 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 subclause
37(ii).
(v) 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.
(vi) 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.
40. Special Duties
Allowance
(i) In addition to
the rates prescribed for Non Commissioned Officers by clause 36 Salaries and
clause 38 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;
(ii) 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
(iii) Any
Non-Commissioned Officer classified as a Detective, as defined in clause 3,
Definitions, shall not be entitled to any Special Duties Allowance.
41.
Professional/Academic Qualification Allowance
(i) In addition to
the rates prescribed for Non-Commissioned Officers by clause 36, Salaries and
clause 38, 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.
(ii) Non-Commissioned
Officers shall only be entitled to the payment of one allowance, namely the
highest, depending upon the qualification held;
(iii) 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:
(a) Vocational
relevance will be at the discretion of the Tertiary Scholarship Review
Committee;
(b) Relevant degrees
will not include degrees achieved under any program whereby New South Wales
Police 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 New South
Wales Police meets the costs associated with the undertaking of the course or a
series of courses, including accommodation costs;
(c) Payment of the
Professional/Academic Qualification Allowance shall cease when a
Non-Commissioned Officer achieves their first merit-based promotion.
(d) 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.
42. On Call Allowances
(i) "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.
(ii) Rates of Allowance
In addition to
the Salaries prescribed in clause 36 Salaries (Other than Detectives), clause
37 (Detectives) and clause 38 Loading, a Non-Commissioned Officer placed on
call, as defined in subclause (i) above, shall be paid the appropriate
allowance as set out in Table 9 - On-Call Allowances (Non-Commissioned
Officers) of PART B, Monetary Rates.
(iii) 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 officers’ off
duty hours which is greater than that normally expected of those positions.
43. Hours of Duty
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
(vi) 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.
(vii) 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 46 of this Award for the
performance of duty on that shift in lieu of being granted an alternate rest
day.
(viii) The roster of each Non-Commissioned Officer
shall, as far as practicable, be arranged so as to allow at least 8 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 8 hour break, the Non-Commissioned Officer 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.
(ix) Non-Commissioned Officers shall not be
directed to work broken shifts.
44. Shift Allowance
(i) 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 6 am and before 10 am
|
0%
|
Afternoon
|
At or after 10am
but before 1pm
|
10%
|
Afternoon
|
At or after 1 pm and before 4pm
|
15%
|
Night
|
At or after 4 pm and before 4am
|
17.5%
|
Night
|
At or after 4 am and before 6am
|
10%
|
(ii) The allowance prescribed in subclause (i)
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 (i) above.
H = Number of
ordinary hours in the shift.
(iii) 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.
(iv) 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.
(v) A Non-Commissioned Officer who, because of
the operation of subclause (vi) of clause 46, Overtime works only part of a
shift specified in the above table, shall be entitled to the full allowance
prescribed for such shift.
45. Meals
(i) A Non-Commissioned Officer shall be
allowed an unbroken period of not less than thirty minutes each shift for
meals.
(ii) 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.
(iii) A
Non-Commissioned Officer who actually incurs expense in purchasing a meal:
(a) when
they have worked more than one half hour beyond the completion of a rostered
shift or;
(b) where
they have performed duty at a place where no reasonable facilities were
available for partaking of a meal; or
(c) 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.
46. Overtime
(i) All
overtime worked by a Non-Commissioned Officer outside of the ordinary hours of
work prescribed by clause 43 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 55, 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 (v), in computing overtime, each day’s work
shall stand alone.
(ii) Overtime shall be calculated to the
nearest quarter hour provided that periods of less than a quarter hour shall
not be counted.
(iii) Overtime 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 38 Loading of this
Award, which constitute salary and attract superannuation deductions.
(iv) In lieu of the
provisions of sub-clause (iii) 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 38 Loading of this Award and excluding the Allowance prescribed by Table 6 - Detectives’ Special
Allowance - Part B, Monetary Rates.
(v) 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.)
(vi) 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.
(vii) 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 eight consecutive
hours off duty between these times, they shall be released after the completion
of such overtime until the Non-Commissioned officer has had eight consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
(viii) If on the direction of the Non-Commissioned
Officer’s superior, he/she resumes or continues work without having had such
eight 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 eight consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
(ix) 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.
(x) 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.
47. Recall to Duty
(i) 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 New South Wales Police
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.
(ii) A Non-Commissioned Officer recalled to
duty shall be paid, subject to subclause (viii) of clause 46, 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 (i) of clause 46,
Overtime for each time they are recalled, except where such duty is continuous with
the commencement of the next rostered shift.
(iii) 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.
(iv) The minimum
period for the payment of overtime worked specified in subclause (ii) of Clause
46, Overtime shall not apply to entitlements under this clause.
(v) 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.
(vi) 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 52, Travelling Time for any period of
travel exceeding two hours.
(vii) 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:
(a) 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
(b) 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.
(viii) Recall
During Annual and Extended Leave
(a) 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.
(b) 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.
(c) Travelling time incurred in any recall to
duty from annual or extended leave which falls outside the minimum eight hours
granted under subclause (viii)(a) above shall be compensated at the rate of
ordinary time.
(ix) Recall on Public Holiday
A
Non-Commissioned Officer recalled to duty on a public holiday shall be paid in
accordance with subclause (ii) above.
(x) Recall on Rest
or Recurrent Leave Day
A Non-Commissioned Officer recalled to duty on a rest
or recurrent leave day may elect:
(a) to be
compensated for such recall in accordance with this clause; or
(b) to be rostered
to commence a normal flexible shift for the time of recall payable at the
overtime rate specified in subclause (i) of clause 46, Overtime in lieu of
being recredited with an alternate rest or recurrent leave day.
48. Court Attendance
Between Shifts
(i) A
Non-Commissioned Officer recalled to duty to attend court shall be compensated
in accordance with clause 47, Recall to Duty.
(ii) 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:
(a) at the overtime
rate specified in subclause (i) of clause 46, Overtime for the period between
the termination of the shift and the completion of duty at court less meal
break; and
(b) a meal allowance
at the appropriate rate.
(iii) 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:
(a) at the overtime
rate specified in subclause (i) of clause 46, Overtime for the period between
the commencement of duty at court and the commencement of the rostered shift
less meal break, and
(b) a meal allowance
at the appropriate rate; or
(c) if New South
Wales Police requirements permit, she/he may elect to complete a normal
flexible shift from the time of commencement of duty at court
49. 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:
(i) 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.
(ii) 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.
(iii) The provisions of subclauses (i) and (ii)
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.
(iv) Where a recall
to duty mentioned in subclauses (i), (ii) and (iii) 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.
(v) A Non-Commissioned Officer will be paid for
a minimum of three hours, subject to subclause (viii) of clause 46, Overtime,
at the overtime rate specified in subclause (i) of clause 46, 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.
(vi) Where the
recall to duty mentioned in subclause (v) 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 (i) of clause 46, Overtime from the
time of recall to the time of commencement of such shift.
(vii) 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:
(a) 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
(b) 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 (i) shall also apply in the case of multiple
telephone/door calls.
(viii) The provision
of subclauses (ii), (iii), (ix), (vii), of clause 47, Recall to Duty, shall not
apply to this clause. Provided that the provisions of subclauses (viii)(a) and
(viii)(c) of clause 47 shall only apply in the case of recalls which attract a
minimum of 3 hours payment.
50. On Call
Detectives Recall
A Non-Commissioned Officer performing duty as an on call
Detective shall be compensated for recalls to duty as follows:
(i) A
Non-Commissioned Officer engaged as an on call Detective, as provided in
subclause (i) of clause 42, 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.
(ii) Where the
recall mentioned in subclause (i) 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.
(iii) Where the
recall mentioned in subclause (i) 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.
(iv) 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;
(a) 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
(b) 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.
(v) 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.
(vi) 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.
51. Penalty
Provisions Not Cumulative
Where two or more penalty and/or overtime provisions could
apply in a particular situation, New South Wales Police 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 (i) of clause 55 shall be paid in addition to any shift allowance
that may be payable in accordance with subclauses (i) and (iv) of clause 44,
Shift Allowances.
52.
Travelling Time
(i) 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.
(ii) 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.
(iii) 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:
(a) 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).
(b) 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).
(iv) Travelling time
will not apply in respect of:
(a) Any period of
travel during the rostered shift of a Non-Commissioned Officer or any period
during which overtime accrues.
(b) 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
(i) above.
(c) 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.
(d) Any period of
travel by a Non-Commissioned Officer proceeding on transfer, temporary transfer
or interchange duty.
(e) Any period of
travel by a Non-Commissioned Officer recalled to duty in terms of subclause (i)
of clause 47, 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.
(f) 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.
(g) 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 (i) for one third
of the period:
(1) Between the time
of arrival and commencement of duty or rostered shift;
(2) 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.
(v) 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 (i).
(vi) A
Non-Commissioned Officer travelling in accordance with subclause (v) above
shall be entitled to recover from the New South Wales Police the cost of any
fares in excess of those normally incurred in travelling between their home and
place of attachment.
53. Time in Lieu of
Payment of Travelling Time and Overtime
(i) 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 46 Overtime, Clause 52 Travelling Time.
(ii) 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.
(iii) 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 46 and 52.
(iv) 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 for 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.
(v) 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.
(vi) 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.
54. Relieving Duty
(i) 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.
(ii) 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 the rank of Senior Sergeant 1st Year.
(iii) 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
(iv) 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
(v) 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
the rank of Inspector 1st Year.
(vi) Provided that:
(a) 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;
(b) 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;
(c) periods of less
than 1 week shall not be taken into account.
(vii) 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.
55.
Public Holidays
(i) 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).
(ii) 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 (i) of clause
46 of this Award.
56. Competency Based
Incremental Progression
(i) 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:
(a) 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; and
(b) compliance with
the competency requirements specified in this clause.
(ii) 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.
(iii) 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:
(a) ensuring that
Non-Commissioned Officers have sufficient time, on duty, to undertake necessary
training;
(b) ensuring that
Non-Commissioned Officers have access to the necessary training facilities; and
(c) the provision of
remedial training where necessary.
(iv) Commanders/Managers
are not to certify a Non-Commissioned Officer as competent unless satisfied
they have met the requirements of this clause.
(v) Competency
Requirements
Subject to a Non-Commissioned Officer’s rank and level
the competency requirements for incremental progression shall be:
(a) Diploma of
Policing Practice
For confirmation as a constable of police,
Non-Commissioned Officers must successfully complete the Diploma of Policing
Practice and/or meet any other requirements or attain any other qualifications
necessary for confirmation as determined by the Commissioner from time to time.
(b) Base Generic
Competencies
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(c) 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.
(d) 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.
(e) 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.
(vi) 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.
(vii) 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.
(viii) Requirements
for Progression Through the Various Ranks and Grades
(a) Progression to
Constable Level 2 (Confirmation)
Progression to Constable Level 2 increment shall be
contingent upon:
(1) 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,
2000.
(2) 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.
(3) Confirmation as
a constable.
(b) Progression to
Constable Levels 3, 4, and 5
Progression to Constable Levels 3, 4, and 5 shall be
contingent upon:
(1) 12 months
service on each previous increment.
(2) 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.
(c) Progression
Beyond Constable Level 5 (Promotion to Senior Constable)
Progression beyond Constable Level 5 and for promotion
to Senior Constable shall be contingent upon:
(1) Successful
completion of the Diploma of Policing Practice (or equivalent qualification);
(2) Maintenance of
the Base Generic Competencies in accordance with the provisions of this clause.
(3) Passing the
Objective Test of Policing Knowledge in accordance with the provisions of this
clause.
(d) 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:
(1) 12 months
service on each previous increment (both level and step).
(2) Maintenance of
the Base Generic Competencies in accordance with the provisions of this clause.
(3) Completion of
the Mandatory Continuing Police Education (MCPE) requirements in accordance
with the provisions of this clause.
(4) Passing the
Objective Test of Policing Knowledge in accordance with the provisions of this
clause (for progression to each level only).
(5) Satisfactory
performance under the appropriate Performance Management Scheme.
(ix) Effect of Any
Deferral of Incremental Progression
(a) 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.
(b) Where an
increment is deferred:
(1) within the first
3 years of employment as a Non-Commissioned Officer, the original increment
date is to be retained for future increments;
(2) 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.
(x) 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.
(xi) 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.
(xii) Effect of Long
Term Absences
Non-Commissioned Officers on secondment, full time
leave without pay, special leave without pay, extended sick leave, Workers
Compensation/Hurt on Duty absences or returning from suspension 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.
(xiii) Performance
Management for Seconded Officers
Non-Commissioned Officers on secondment from the New
South Wales Police 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.
(xiv) 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.
(xv) 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;
(a) 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 (d) of
subclause (v) of this clause.
(b) 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.
(xvi) 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;
(a) 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.
(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.
(xvii) Detectives
In addition to the mandatory competency requirements
contained within this clause Detectives shall be required to satisfy the
following for incremental progression;
(a) 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.
(b) Progression
beyond Detective 8th Year
(1) 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.
(2) Completion of or
commitment to undertake or being prepared to undertake courses that raise skill
level.
(c) Progression
beyond Detective Sergeant 4th Year and Detective Senior Sergeant 3rd Year
(1) 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.
(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.
57. Provision of
Uniform
(i) 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.
(ii) Initial
Issue
(a) Standard Police Dress Uniform - Initial
Issue
All uniformed Non-Commissioned officers recruited to
New South Wales Police on or after the operative date of this Award shall be
issued the following items of uniform:
Male
Non-Commissioned Officers
|
Female
Non-Commissioned Officers
|
|
one (1)
|
set of basket weave
|
one (1)
|
set of basket weave
|
|
leather gear
|
|
leather gear
|
one (1)
|
leather duty jacket
|
one (1)
|
leather duty jacket
|
two (2)
|
jumpers
|
two (2)
|
jumpers
|
four (4)
|
pairs of trousers
|
four (4)
|
pairs of culottes
|
|
|
two (2)
|
pairs of slacks
|
eight (8)
|
shirts
|
eight (8)
|
blouses
|
two (2)
|
ties
|
two (2)
|
ties
|
two (2)
|
pairs of boots,
fur lined
|
two (2)
|
pairs of boots,
fur
|
|
boots and/or shoes
|
|
lined boots and/or
|
|
|
|
shoes
|
one (1)
|
antron cap
|
one (1)
|
dress hat
|
one (1)
|
rainsuit, breathable fabric
|
one (1)
|
rainsuit, breathable
|
|
of suitable standard
|
|
fabric of suitable
|
|
|
|
standard
|
one (1)
|
cap cover
|
one (1)
|
dress hat cover
|
seven (7)
|
pairs of socks
|
three (3)
|
pairs of socks
|
one (1)
|
country hat
|
one (1)
|
country hat
|
one (1)
|
country hat cover
|
one (1)
|
country hat cover
|
one (1)
|
reflective vest
|
one (1)
|
reflective vest
|
|
|
|
|
|
(b) In addition to
the above items Non-Commissioned Officers shall, on request be supplied, with a
pair of sunglasses. Such sunglasses
shall comply with the appropriate Australian Standard.
(iii) Western Areas
- Additional Initial Issue
In addition to the Standard Police Dress Uniform -
Initial Issue prescribed in paragraph (ii) 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:
three (3) pairs washable trousers/slacks/culottes
(iv) Cold
Climate Areas (Category 1) - Additional Initial Issue
In addition to the Standard Police Dress Uniform -
Initial Issue prescribed in paragraph (ii) 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
(v) Cold
Climate Areas (Category 2)
In addition to the Standard Police Dress Uniform -
Initial Issue prescribed in paragraph (ii) 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.
(vi) Snow
Areas - Additional Initial Issue
In addition to the Standard Police Dress Uniform -
Initial Issue prescribed in paragraph (a) 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 gloves
four (4) pairs winter weight socks
one (1) pair snow boots
one (1) fur lined cap
two (2) woollen long sleeved shirts/blouses
(vii) Annual Issue -
Male
All male 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 paragraphs (iv), (v) and (vi) of this
clause.
(viii) Annual Issue -
Female
All female uniformed Non-Commissioned Officers shall be
issued, in their second and subsequent years of service, with three (3) pairs
of socks. These three (3) pairs shall
be winter weight socks when attached to the areas specified in paragraphs (iv),
(v) and (vi) of this clause.
(ix) Stocking
Allowance
All female uniformed Non-Commissioned Officers shall,
in addition to the uniform issued above, be paid an allowance as set out in
Table 11 - Stocking Allowance (Non-Commissioned Officers), of PART B, Monetary
Rates.
(x) Plain Clothes
Allowance
All 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.
(xi) Plain Clothes
Allowance 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.
(xii) 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:
(a) absent on sick
leave for a continuous period exceeding 6 months;
(b) absent on leave
without pay (including Maternity, Parental and Adoption leave without pay); or
(c) suspended from
office.
(xiii) Condemnation
Except for the annual issue of socks, all items of
uniform will be replaced on condemnation only.
(xiv) 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 New South Wales Police the Association is to be notified promptly in
writing by New South Wales Police of the particular problem and the anticipated
date of supply.
(xv) 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.
58. Air Travel
(i) 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.
(ii) 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.
59. Lockers
All Non-Commissioned Officers shall, at some reasonably
convenient place, be provided with a suitable full-length locker.
60. Work of a Menial
Nature
Non-Commissioned Officers shall not be required to perform
cleaning or similar work.
Division 5 - Commissioned Officers
61. Salaries
(i) Subject to the Police
Act, 1990, and Regulations and any requirements thereunder and to the
provisions of clause 65, "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.
(ii) 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 38 of this Award is intended to
compensate.
(iii) 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.
(iv) The parties
recognise the need, as a result of New South Wales Police restructures and
other administrative priorities, to redeploy displaced Inspectors within the
grades of the rank. This can occur, as
per agreed policy documents, where an increase in salary is limited to less
than a 5% differential between the maximum salaries of the two positions."
62. Hours of Duty
(i) The ordinary
hours of duty for all Commissioned Officers shall be an overall average, of 38
hours per week.
(ii) Consistent
with the provisions of subclause (iii) of clause 61, Salaries, any additional
duty required to be performed outside of ordinary hours of duty shall attract
no additional remuneration.
(iii) 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.
(iv) The parties
recognise that the flexibility of working hours in respect to Commissioned
Officers referred to in subclause (iii) 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.
(v) With the
exception of those Commissioned Officers referred to in subclause (vi) 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 (v) of clause 18, Annual Leave.
(vi) 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 43, 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.
(vii) 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 (vi) above:
(a) Commissioned
Officers shall manage their own time subject to the overriding discretion of
their commanders/managers to direct the performance of duty.
(b) 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 (v) of clause 18, Annual Leave.
63. Fixed Term
Appointment
(i) 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.
(ii) Subject to the
provisions of this Award, there shall be a general presumption in favour of
renewal of Fixed Term Appointments
(iii) 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.
64. Non Renewal
Benefit
(i) 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:
(a) The entitlement
shall commence to accrue from the beginning of the first Fixed Term Appointment
of each Commissioned Officer;
(b) The benefit shall only be payable in
respect of each completed Fixed Term Appointment;
(c) Any Commissioned Officer who resigns or
retires (excluding medical retirement where application is supported by the
Commissioner) from New South Wales Police 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;
(d) 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;
(e) In circumstances
where a Commissioned Officer is "removed" from New South Wales Police
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.
(f) 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.
(g) Consistent with
the provisions of subclauses (b) and (c) 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 Senior Executive Service appointment;
(h) 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;
(i) Commissioned
Officers who (whether through the exercise of a right of return or otherwise)
enter 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 New South Wales Police 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 (h) above.
65. Competency Based
Incremental Progression
(i) Incremental
progression for Commissioned Officers shall be based on:-
(a) a minimum period
of twelve (12) months service on each incremental level where defined in Table
3 - Commissioned Officers’ Salaries of and of PART B, Monetary Rates; and
(b) compliance with
the competency requirements specified in this clause;
(ii) 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:
(a) ensuring that
Commissioned Officers have sufficient time, on duty, to undertake necessary
training;
(b) ensuring that
Commissioned Officers have access to the necessary training facilities; and
(c) 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.
(iii) Competency
Requirements
The competency requirements for incremental progression
for Commissioned Officers shall be:
(a) Base Generic
Competencies
(1) 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.
(2) 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 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.
(3) 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 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.
(4) 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.
(b) 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 per 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.
(c) Performance
Management Scheme
(1) 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.
(2) 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.
(iv) 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.
(v) 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.
(vi) Effect of Any
Deferral of Incremental Progression
(a) 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.
(b) Where an
increment is deferred all future incremental dates are to be varied by the
period of deferment.
(vii) 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.
(viii) 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.
(ix) Effect of Long
Term Absences
Commissioned Officers on secondment, full time leave
without pay, special leave without pay, extended sick leave, Workers
Compensation/Hurt on Duty absences or returning from suspension 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.
(x) Performance
Management for Seconded Officers
Commissioned Officers on secondment from the New South
Wales Police 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 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, Commissioned
Officers will be required to produce a certificate to that effect from the
seconding organisation.
(xi) 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.
(xii) Review Process
A Commissioned Officer whose incremental progression is
deferred as a consequence of not satisfying the criteria for progression at
sub-clause (iii)(c)(2) of this Clause 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.
66. Relieving Duty
(i) 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.
(ii) Exceptions
(a) This clause does
not apply to relieving duty performed in New South Wales Police Senior
Executive Service positions. In such cases the provisions shall be those
approved from time to time by the Commissioner.
(b) 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.
(iii) Amount Payable
(a) Any Inspector,
during a period of relieving duty in a Superintendent position, 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).
(b) Where a
Commissioned Officer 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 (a)
above. The percentage of the allowance payable shall be that determined by the
approving officer and shall be "rounded up" to the nearest 10%.
(iv) Limitations on
Eligibility
(a) No allowance is
payable where less than 5 consecutive working days relieving duty is performed.
(b) 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.
(c) Except as
provided in subclause (v) 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.
(v) 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.
67. Travelling Time
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.
Division 6 - Disputes/Grievance Settlement Procedure
68.
Disputes/Grievance Settlement Procedure
(i) 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 New
South Wales Police 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.
(ii) 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.
(iii) 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.
(iv) Subject to this
procedure being followed, the Association reserves the right to refer the
matter to the appropriate industrial tribunal.
(v) 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.
(vi) 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 (v) above.
(vii) If the
grievance/dispute is not resolved at that level, Association representatives
shall refer the matter to the Industrial Division 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.
(viii) 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.
(ix) If a dispute
remains unresolved the Industrial Relations Branch will assume responsibility
for liaising with the member(s) of the Senior Executive Service of New South
Wales Police and advise of the final position of the Commissioner of Police as
to the issue in dispute.
(x) 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.
(xi) 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 New South Wales Police or any member of the
public
Division 7 - Leave
Reserved
69.
Leave Reserved
Leave is reserved
for the parties to apply for a variation to clause 37 of this award to include
provisions in respect to the increment dates of Non-Commissioned Officers who
are permanently appointed as Detectives in terms of clause 37 of this award.
Division 8 - Area, Incidence and Duration
70. Area, Incidence
and Duration
(i) This Award
applies to all officers defined herein.
(ii) It shall take
effect on 1 July 2008 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, and shall remain in force until 30 June 2009.
(iii) This Award
rescinds and replaces the provisions of the Crown Employees (Police Officers -
2005) Award published 7 October 2005 (354 I.G. 175)as varied (see Schedule 1).
(iv) Except where
inconsistent with this Award the provisions of any other existing Agreement or
Determination will continue to apply.
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 2008 - 2%.
|
Rank/Incremental Level
|
Base Salary
|
Loaded Salary
|
|
|
|
(+ 11.5%)
|
|
|
Per Annum
|
Per Annum
|
|
|
$
|
$
|
|
Probationary Constable (Level 1)
|
46,916
|
52,311
|
|
Constable Level 2
|
48,687
|
54,286
|
|
Constable Level 3
|
50,454
|
56,256
|
|
Constable Level 4
|
52,224
|
58,230
|
|
Constable Level 5
|
53,111
|
59,219
|
|
|
|
|
|
Senior Constable Level 1
|
58,426
|
65,145
|
|
Senior Constable Level 2 Step 1
|
59,308
|
66,128
|
|
Senior Constable Level 2 Step 2
|
59,308
|
66,128
|
|
Senior Constable Level 3 Step 1
|
61,964
|
69,090
|
|
Senior Constable Level 3 Step 2
|
61,964
|
69,090
|
|
Senior Constable Level 3 Step 3
|
61,964
|
69,090
|
|
Senior Constable Level 4 Step 1
|
65,506
|
73,039
|
|
Senior Constable Level 4 Step 2
|
65,506
|
73,039
|
|
Senior Constable Level 5 Step 1
|
67,274
|
75,011
|
|
Senior Constable Level 5 Step 2
|
67,274
|
75,011
|
|
Senior Constable Level 6
|
68,159
|
75,997
|
|
|
|
|
|
Leading Senior Constable Level 1 Step 1
|
70,328
|
78,416
|
|
Leading Senior Constable Level 1 Step 2
|
70,328
|
78,416
|
|
Leading Senior Constable Level 2
|
72,160
|
80,458
|
|
Sergeant 1st Year
|
69,046
|
76,986
|
|
|
|
|
|
Sergeant 2nd Year
|
69,046
|
76,986
|
|
Sergeant 3rd Year
|
72,586
|
80,933
|
|
Sergeant 4th Year
|
72,586
|
80,933
|
|
Sergeant 5th Year
|
75,241
|
83,894
|
|
Sergeant 6th Year
|
75,241
|
83,894
|
|
Sergeant 7th Year
|
78,783
|
87,843
|
|
Sergeant 8th Year
|
78,783
|
87,843
|
|
Sergeant 9th Year
|
79,669
|
88,831
|
|
|
|
|
|
Senior Sergeant 1st Year
|
78,783
|
87,843
|
|
Senior Sergeant 2nd Year
|
78,783
|
87,843
|
|
Senior Sergeant 3rd Year
|
79,669
|
88,831
|
|
Senior Sergeant 4th Year
|
81,435
|
90,800
|
Senior Sergeant 5th Year
|
84,026
|
93,689
|
From the beginning of the first full pay period to
commence on or after 1 January 2009 - 2%.
|
Rank/Incremental Level
|
Base Salary
|
Loaded Salary
|
|
|
|
(+ 11.5%)
|
|
|
Per Annum
|
Per Annum
|
|
|
$
|
$
|
|
Probationary Constable (Level 1)
|
47,854
|
53,357
|
|
Constable Level 2
|
49,661
|
55,372
|
|
Constable Level 3
|
51,463
|
57,381
|
|
Constable Level 4
|
53,268
|
59,394
|
|
Constable Level 5
|
54,173
|
60,403
|
|
|
|
|
|
Senior Constable Level 1
|
59,595
|
66,448
|
|
Senior Constable Level 2 Step 1
|
60,494
|
67,451
|
|
Senior Constable Level 2 Step 2
|
60,494
|
67,451
|
|
Senior Constable Level 3 Step 1
|
63,203
|
70,471
|
|
Senior Constable Level 3 Step 2
|
63,203
|
70,471
|
|
Senior Constable Level 3 Step 3
|
63,203
|
70,471
|
|
Senior Constable Level 4 Step 1
|
66,816
|
74,500
|
|
Senior Constable Level 4 Step 2
|
66,816
|
74,500
|
|
Senior Constable Level 5 Step 1
|
68,619
|
76,510
|
|
Senior Constable Level 5 Step 2
|
68,619
|
76,510
|
|
Senior Constable Level 6
|
69,522
|
77,517
|
|
|
|
|
|
Leading Senior Constable Level 1 Step 1
|
71,735
|
79,985
|
|
Leading Senior Constable Level 1 Step 2
|
71,735
|
79,985
|
|
Leading Senior Constable Level 2
|
73,603
|
82,067
|
|
|
|
|
|
Sergeant 1st Year
|
70,427
|
78,526
|
|
Sergeant 2nd Year
|
70,427
|
78,526
|
|
Sergeant 3rd Year
|
74,038
|
82,552
|
|
Sergeant 4th Year
|
74,038
|
82,552
|
|
Sergeant 5th Year
|
76,746
|
85,572
|
|
Sergeant 6th Year
|
76,746
|
85,572
|
|
Sergeant 7th Year
|
80,359
|
89,600
|
|
Sergeant 8th Year
|
80,359
|
89,600
|
|
Sergeant 9th Year
|
81,262
|
90,607
|
|
|
|
|
|
Senior Sergeant 1st Year
|
80,359
|
89,600
|
|
Senior Sergeant 2nd Year
|
80,359
|
89,600
|
|
Senior Sergeant 3rd Year
|
81,262
|
90,607
|
|
Senior Sergeant 4th Year
|
83,064
|
92,616
|
|
Senior Sergeant 5th Year
|
85,707
|
95,563
|
|
Table 2 - Detectives Salaries
From the beginning
of the first full pay period to commence on or after 1 July 2008 - 2%
|
Rank/Incremental Level
|
Base Salary
|
Base Salary for
|
Loaded Salary
|
|
|
|
Overtime Purposes
|
|
|
|
|
(+ Allowance
|
( + 11.5%,
|
|
|
|
Equivalent to Grade 3
|
Allowance
|
|
|
|
Special Duties
|
Equivalent to
|
|
|
|
Allowance)
|
Grade 3 Special
|
|
|
|
|
Duties Allowance
|
|
|
|
|
and Detectives’
|
|
|
|
|
Special
|
|
|
|
|
Allowance)
|
|
|
Per Annum
|
Per Annum
|
Per Annum
|
|
|
$
|
$
|
$
|
|
Detective 1st Year
|
52,224
|
55,397
|
62,790
|
|
Detective 2nd Year
|
53,111
|
56,284
|
63,779
|
|
Detective 3rd Year
|
58,426
|
61,599
|
69,705
|
|
Detective 4th Year
|
59,308
|
62,481
|
70,688
|
|
Detective 5th Year
|
61,964
|
65,137
|
73,650
|
|
Detective 6th Year
|
65,506
|
68,679
|
77,599
|
|
Detective 7th Year
|
67,274
|
70,447
|
79,571
|
|
Detective 8th Year
|
68,159
|
71,332
|
80,557
|
|
Detective 9th Year
|
70,328
|
73,501
|
82,976
|
|
Detective 10th
Year
|
72,160
|
75,333
|
85,018
|
|
|
|
|
|
|
Detective Sergeant
1st Year
|
69,046
|
72,219
|
81,546
|
|
Detective Sergeant
2nd Year
|
69,046
|
72,219
|
81,546
|
|
Detective Sergeant
3rd Year
|
72,586
|
75,759
|
85,493
|
|
Detective Sergeant
4th Year
|
75,241
|
78,414
|
88,454
|
|
Detective Sergeant
5th Year
|
78,783
|
81,956
|
92,403
|
|
Detective Sergeant
6th Year
|
79,669
|
82,842
|
93,391
|
|
|
|
|
|
|
Detective Senior
Sergeant 1st Year
|
78,783
|
81,956
|
92,403
|
|
Detective Senior
Sergeant 2nd Year
|
79,669
|
82,842
|
93,391
|
|
Detective Senior
Sergeant 3rd Year
|
81,435
|
84,608
|
95,360
|
|
Detective Senior
Sergeant 4th Year
|
84,026
|
87,199
|
98,249
|
|
From the beginning
of the first full pay period to commence on or after 1 January 2009 - 2%
|
Rank/Incremental Level
|
Base Salary
|
Base Salary for
|
Loaded Salary
|
|
|
Overtime Purposes
|
|
|
|
(+ Allowance
|
( + 11.5%,
|
|
|
Equivalent to Grade 3
|
Allowance
|
|
|
Special Duties
|
Equivalent to
|
|
|
Allowance)
|
Grade 3 Special
|
|
|
|
Duties Allowance
|
|
|
|
and Detectives’
|
|
|
|
Special
|
|
|
|
Allowance)
|
|
Per Annum
|
Per Annum
|
Per Annum
|
|
$
|
$
|
$
|
Detective 1st Year
|
53,268
|
56,504
|
64,045
|
Detective 2nd Year
|
54,173
|
57,409
|
65,054
|
Detective 3rd Year
|
59,595
|
62,831
|
71,099
|
Detective 4th Year
|
60,494
|
63,730
|
72,102
|
Detective 5th Year
|
63,203
|
66,439
|
75,122
|
Detective 6th Year
|
66,816
|
70,052
|
79,151
|
Detective 7th Year
|
68,619
|
71,855
|
81,161
|
Detective 8th Year
|
69,522
|
72,758
|
82,168
|
Detective 9th Year
|
71,735
|
74,971
|
84,636
|
Detective 10th
Year
|
73,603
|
76,839
|
86,718
|
|
|
|
|
Detective Sergeant
1st Year
|
70,427
|
73,663
|
83,177
|
Detective Sergeant
2nd Year
|
70,427
|
73,663
|
83,177
|
Detective Sergeant
3rd Year
|
74,038
|
77,274
|
87,203
|
Detective Sergeant
4th Year
|
76,746
|
79,982
|
90,223
|
Detective Sergeant
5th Year
|
80,359
|
83,595
|
94,251
|
Detective Sergeant
6th Year
|
81,262
|
84,498
|
95,258
|
|
|
|
|
Detective Senior
Sergeant 1st Year
|
80,359
|
83,595
|
94,251
|
Detective Senior
Sergeant 2nd Year
|
81,262
|
84,498
|
95,258
|
Detective Senior
Sergeant 3rd Year
|
83,064
|
86,300
|
97,267
|
Detective Senior
Sergeant 4th Year
|
85,707
|
88,943
|
100,214
|
Table 3 -
Commissioned Officers’ Salaries
From the beginning of the first full pay period to
commence on or after 1 July 2008 - 2%
|
Rank/Incremental Level
|
Per Annum
|
|
$
|
Inspector 1st Year
|
98,438
|
Inspector 2nd Year
|
103,445
|
Inspector 3rd Year
|
110,328
|
Inspector 4th Year
|
113,917
|
Inspector 5th Year
|
115,644
|
Inspector 6th Year
|
118,335
|
Inspector 7th Year
|
122,816
|
Inspector 8th Year
|
124,614
|
From the beginning of the first full pay period to
commence on or after 1 July 2008- 2%
|
Rank/Incremental Level
|
Per Annum
|
|
$
|
Superintendent 1st
Year
|
134,096
|
Superintendent 2nd
Year
|
139,030
|
Superintendent 3rd
Year
|
140,824
|
Superintendent 4th
Year
|
142,617
|
Superintendent 5th
Year
|
144,711
|
Superintendent 6th
Year
|
147,103
|
Superintendent 7th Year
|
148,898
|
Superintendent 8th
Year
|
153,013
|
From the beginning of the first full pay period to
commence on or after 1 January 2009 - 2%
|
Rank/Incremental Level
|
Per Annum
|
|
$
|
Inspector 1st Year
|
100,407
|
Inspector 2nd Year
|
105,514
|
Inspector 3rd Year
|
112,535
|
Inspector 4th Year
|
116,195
|
Inspector 5th Year
|
117,957
|
Inspector 6th Year
|
120,702
|
Inspector 7th Year
|
125,272
|
Inspector 8th Year
|
127,106
|
From the beginning of the first full pay period to
commence on or after 1 January 2009 - 2%
|
Rank/Incremental Level
|
Per Annum
|
|
$
|
Superintendent 1st Year
|
136,778
|
Superintendent 2nd Year
|
141,811
|
Superintendent 3rd Year
|
143,640
|
Superintendent 4th Year
|
145,469
|
Superintendent 5th Year
|
147,605
|
Superintendent 6th Year
|
150,045
|
Superintendent 7th Year
|
151,876
|
Superintendent 8th Year
|
156,073
|
Table 4
- Travelling Allowance
Item 1
Capital Cities
|
Per Day
|
|
$
|
Sydney
|
280.25
|
Adelaide
|
242.25
|
Brisbane
|
253.25
|
Canberra
|
211.25
|
Darwin
|
238.25
|
Hobart
|
201.25
|
Melbourne
|
247.25
|
Perth
|
233.25
|
High Cost Country Centres
|
Per Day
|
|
$
|
Alice Springs (NT)
|
195.25
|
Ballarat (VIC)
|
199.25
|
Bendigo(VIC)
|
204.75
|
Broome(WA)
|
250.25
|
Bunbury(WA)
|
194.25
|
Burnie(TAS)
|
210.75
|
Carnarvon(WA)
|
206.75
|
Christmas Island(WA)
|
217.25
|
Cocos (Keeling) Island
|
197.25
|
Damiper (WA)
|
247.25
|
Derby(WA)
|
236.25
|
Devonport(TAS)
|
203.75
|
Emerald(QLD)
|
193.75
|
Exmouth(WA)
|
224.75
|
Geraldton(WA)
|
194.25
|
Gold Coast(QLD)
|
215.25
|
Halls Creek(WA)
|
222.25
|
Horn Island(QLD)
|
216.25
|
Jabiru(NT)
|
287.25
|
Kadina(SA)
|
194.25
|
Kalgoorlie(WA)
|
199.75
|
Karratha(WA)
|
286.25
|
Kununurra(WA)
|
244.25
|
Launceston(TAS)
|
198.25
|
Mackay(QLD)
|
197.25
|
Maitland(NSW)
|
195.75
|
Mount Gambier (SA)
|
194.25
|
Mount Isa(QLD)
|
207.25
|
Naracoorte(SA)
|
193.25
|
Newcastle(NSW)
|
202.25
|
Newman(WA)
|
233.25
|
Norfolk Island
|
195.25
|
Port Headland(WA)
|
276.75
|
Port Lincoln(SA)
|
193.25
|
Port Macquarie(NSW)
|
200.25
|
Portland(VIC)
|
198.25
|
Thursday Island (QLD)
|
262.25
|
Wagga Wagga(NSW)
|
197.75
|
Warrnambool(VIC)
|
196.75
|
Weipa(QLD)
|
222.25
|
Whyalla(SA)
|
194.25
|
Wollongong(NSW)
|
195.75
|
Wonthaggi(VIC)
|
208.25
|
Yulara(NT)
|
410.25
|
Tier 2 country centres
|
Per Day
|
|
$
|
Albany (WA)
|
180.75
|
Bairnsdale (Vic)
|
180.75
|
Bathurst (NSW)
|
180.75
|
Bordertown (SA)
|
180.75
|
Bright (Vic)
|
180.75
|
Broken Hill (NSW)
|
180.75
|
Cairns (Qld)
|
180.75
|
Castlemaine (Vic)
|
180.75
|
Ceduna (SA)
|
180.75
|
Dalby (Qld)
|
180.75
|
Dubbo (NSW)
|
180.75
|
Echuca (Vic)
|
180.75
|
Esperance (WA)
|
180.75
|
Gladstone (Qld)
|
180.75
|
Horsham (Vic)
|
180.75
|
Innisfail (Qld)
|
180.75
|
Orange (NSW)
|
180.75
|
Port August (SA)
|
180.75
|
Renmark (SA)
|
180.75
|
Roma (Qld)
|
180.75
|
Seymour (Vic)
|
180.75
|
Other country centres
|
$170.75
|
Item 2
Incidental expenses allowance - when claiming
actual expenses - all locations
|
$15.45
|
Item 3
Meal allowances - when claiming actual expenses on
overnight stays
|
|
|
Capital cities and high cost country centres
|
|
|
$
|
Breakfast
|
20.20
|
Dinner
|
22.65
|
Lunch
|
38.95
|
|
|
Tier 2 and other country centres
|
|
|
|
Breakfast
|
18.05
|
Dinner
|
20.65
|
Lunch
|
35.60
|
Table
5 - Remote Areas - Living Allowance
Item 1
With Dependents
|
Per Annum
|
|
$
|
Grade A
|
1,597
|
Grade B
|
2,118
|
Grade C
|
2,829
|
Item 2
Without Dependents
|
Per Annum
|
|
$
|
Grade A
|
1,114
|
Grade B
|
1,485
|
Grade C
|
1,982
|
Table
6 - Detectives’ Special Allowance
|
Per Annum
|
|
$
|
From the beginning of the first full pay period to
commence on or after 1July 2008
|
1,387
|
From the beginning of the first full pay period to
commence on or after 1January 2009
|
1,415
|
Table 7 -
Special Duties Allowances (Non-Commissioned Officers)
From the beginning of the first full pay
period to commence on or after 1 July 2008
|
|
Per Annum
|
|
$
|
Grade
1
|
|
|
Six
months following permanent appointment
|
906
|
|
Grade
2
|
|
|
Six
months following permanent appointment
|
1,357
|
|
3
years after permanent appointment
|
1,581
|
|
5
years after permanent appointment
|
1,805
|
|
Grade
3
|
|
|
Six
months following permanent appointment
|
2,264
|
|
3
years after permanent appointment
|
2,714
|
|
5
years after permanent appointment
|
3,173
|
|
Grade
4
|
|
|
Six
months following permanent appointment
|
3,842
|
|
3
years after permanent appointment
|
4,747
|
|
5
years after permanent appointment
|
5,875
|
|
|
From
the beginning of the first full pay period to commence on or after 1 January
2009
|
|
|
Per Annum
|
|
|
$
|
|
Grade
1
|
|
|
Six
months following permanent appointment
|
924
|
|
Grade
2
|
|
|
Six
months following permanent appointment
|
1,384
|
|
3
years after permanent appointment
|
1,613
|
|
5
years after permanent appointment
|
1,841
|
|
Grade
3
|
|
|
Six
months following permanent appointment
|
2,309
|
|
3
years after permanent appointment
|
2,768
|
|
5
years after permanent appointment
|
3,236
|
|
Grade
4
|
|
|
Six
months following permanent appointment
|
3,919
|
|
3
years after permanent appointment
|
4,842
|
|
5
years after permanent appointment
|
5,993
|
|
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 (iii) of clause
|
|
41, 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 2008
|
Where the period advised to be on call is between 2
ordinary shifts or less than
|
14.97
|
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
|
22.43
|
rate is;
|
|
Vehicle Care
|
7.46
|
|
|
Commencing from the first full pay period to begin on or
after 1 January 2009
|
Where the period advised to be on call is between 2 ordinary
shifts or less than
|
15.27
|
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
|
22.88
|
rate is;
|
|
Vehicle Care
|
7.61
|
|
|
(i) 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.
(ii) Vehicle Care -
When a Non-Commissioned Officer has been placed on call, as defined in clause
42 of this award and in addition to being on call is required to take charge of
a vehicle which is the property of New South Wales Police 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.
Table 10 - Meal Allowances (Non-Commissioned
Officers)
Where Non-Commissioned Officers incur expense in purchasing
a meal;
(ii) when they have
worked more than one half hour beyond the completion of a rostered shift or
(ii) where they
have performed duty at a place where no reasonable meal facilities where
available for partaking of a meal or
(iii) where they are
performing escort duty and cannot carry a meal;
Breakfast
|
22.60
|
Lunch
|
22.60
|
Dinner
|
22.60
|
Supper
|
8.70
|
Table 11 -
Stocking Allowance (Non-Commissioned Officers)
Commencing from the first full pay period to begin on or
after 1 January 2003
|
|
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 57 - Provision of Uniform lieu of
the provision of
|
uniform.
|
|
Commencing from
the first full pay period to begin on or after 1 January 2003
|
|
|
|
|
Per Annum
|
|
|
|
|
$
|
|
|
|
Non-Commissioned
Officers required to perform duty in snow
|
1,408.00
|
|
|
|
climate areas as
specified in paragraph (vi) of clause 57 -
|
|
|
|
|
Provision of
Uniform
|
|
|
|
|
Non-Commissioned
Officers required to perform duty in cold
|
1,347.00
|
|
|
|
climate areas
(category 2) as specified in paragraph (v) of clause
|
|
|
|
|
57 - Provision of
Uniform
|
|
|
|
|
Non-Commissioned
Officers required to perform duty in cold
|
1,317.00
|
|
|
|
climate areas
(category 1) as specified in paragraph (iv) of clause
|
|
|
|
|
57 - Provision of
Uniform
|
|
|
|
|
All other
Non-Commissioned officers.
|
1,208.00
|
|
|
Schedule 1
Crown Employees (Police Officers - 2005) Award - History
Date Published
|
Volume
|
Part
|
Publication No.
|
Description
|
7 October 2005
|
354
|
2
|
C3849
|
Award
|
11 August 2006
|
360
|
3
|
C4796
|
Variation
|
8 September 2006
|
360
|
5
|
C4720
|
Variation
|
14 March 2008
|
365
|
1
|
C6290
|
Variation
|
Schedule 2
Schedule of
Agreements referred to in clause 70, Area, Incidence and Duration.
(i) Non
Commissioned Police Officer Police Department (Public Service Board) Agreement
No. 2396 of 1982.
(ii) 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.