Junee
Correctional Centre - Correctional Officers - 2005 Enterprise Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notification under section 130 by Australian Liquor, Hospitality
and Miscellaneous Workers Union, New South Wales Branch of a dispute with The
GEO Group Australia Pty Ltd (formerly Australasian Correctional Management Pty
Ltd) re negotiations for a new award / agreement.
(No. IRC 264 of 2004)
Before The Honourable
Justice Walton, Vice-President
|
2 November 2005
|
Mr Deputy President
Sams
|
|
Commissioner Stanton
|
|
AWARD
Arrangement
Clause No. Subject Matter
PART A
Section 1 -
Preliminary
1.1 Title
1.2 Award Coverage
1.3 Date of Operation
1.4 Award Posting
1.5 Definitions
1.6 No Extra Claims
1.7 Leave Reserved
Section 2 - Wages and
Conditions of Employment
2.1 Classification Structure1
2.2 Wages
2.4 Contract of Employment
2.5 Staffing Levels
2.6 Hours of Work
2.7 Overtime
2.8 Minimum Break
2.9 Performance of Higher Duties
2.10 Termination of Employment
2.12 Meal Breaks
2.13 Rest Pauses
2.14 Benevolent Fund
2.15 Occupational Superannuation
2.16 Travelling Time and Expenses
2.17 Uniforms
Section 3 - Leave
3.1 Annual Leave
3.2 Public Holidays
3.3 Long Service Leave
3.4 Sick Leave
3.5 Bereavement Leave
3.6 Family Leave
3.7 Parental Leave
3.8 Jury Leave
3.9 Special Leave
3.10 TUTA Leave
3.11 Court Leave
3.12 Military Leave
Section 4 - Workplace
Industrial Relations
4.1 Freedom From Victimisation
4.2 Union Delegates
4.3 Commitment to Training and Careers
4.4 Co-operation and Commitment to Productivity Improvement
4.5 Joint Workplace Consultative Committee
4.6 Disciplinary Procedures
4.7 Dispute Settlement Procedure
4.8 Anti Discrimination
Section 5 -
Redundancy
5.1 Application
5.2 Introduction of Change
5.3 Redundancy
5.4 Termination of Employment
5.5 Severance Pay
5.6 Savings Clause
5.7 Mechanisation and Technological Changes
PART B
Rates Of Pay,
Allowances & Other Matters
Table 1 - Wages
Table 2 - Allowances
Table 3 - Other Amounts Table
3
Schedule 1 - Generic Position Descriptions
Schedule
2 - Employees Exempted from 12 Hour Shifts as per Clause 2.6.6
Part A
SECTION 1 -
PRELIMINARY
1.1 Title
This Award shall be known as the LHMU Junee Correctional
Centre - Correctional Officers - 2005 Enterprise Award
1.2. Award Coverage
This Award shall be binding on the Company, the employees
covered under Clause 2.1 below, and the Union in connection with or incidental
to the provision of correctional management services at the Junee Correctional
Centre.
1.3. Date of
Operation
This Award shall operate from 1 July 2005 and shall remain
in force until 30 June 2008. This award rescinds and replaces the
Junee Correctional Centre - Correctional Officers - 2001 Enterprise Award
published 21 January 2005 (329 I.G. 278).
1.4. Award Posting
A true copy of this Award shall be exhibited in a
conspicuous and convenient place on the premises of the Company so as to be
easily read by employees.
1.5. Definitions
1.5.1 "Trainee
Correctional Officer" shall mean a person who meets the qualifications of
the Company and/or the New South Wales Department of Corrective Services for
employment as a Trainee Correctional Officer and who is directly employed by
the Company for a period of not less than (8) weeks of pre-service training in
custodial correctional services.
1.5.2 "Probation"
shall mean a period not exceeding three (3) months from the commencement of the
employment relationship following completion of pre service training to carry
out the duties associated with the provision of custodial correctional services
within the Centre.
1.5.3 "Correctional
Officer" shall mean an employee appointed by the Company to a position
covered by the classification structure provided under Clause 2.1 of this
Award.
1.5.4 “Casual
Employee” shall mean an employee who is engaged by the hour for a period not
less than four (4) hours and up to a maximum of twelve (12) hours for each
engagement, and for less than forty (40) hours in any one week up until the
introduction of the 38 hour week commencing from the first roster cycle to
commence on or after 31 December 2006; or less than thirty eight (38) hours in
any one week subsequent to the introduction of the 38 hour week, whose
appointment is made on an intermittent or irregular basis to meet unforseen
requirements for staffing and who, when so engaged for a period of work, does
not acquire as a consequence of that engagement any legal entitlement to be
offered any further period of employment.
1.5.5 "Permanent
employee" shall mean an employee who is appointed on an ongoing basis with
no conditions being placed on the tenure of the employment.
1.5.6 "Permanent
Part Time Employee" shall mean an employee appointed on a continuing basis
to work an agreed number of ordinary time hours per week, being not less than
an average of 16 ordinary time hours and not more than an average of 39
ordinary time hours per week up until the introduction of the 38 hour week
commencing from the first roster cycle to commence on or after 31 December
2006, and not more than an average of 37 ordinary time hours per week
thereafter; such times to be averaged over a six week period.
1.5.7 "Full Time
Employee" shall mean an employee engaged to work an average of forty (40)
hours per week up until the introduction of the 38 hour week commencing from
the first roster cycle to commence on or after 31 December 2006, and thirty
eight (38) hours thereafter, during not more than an average of five (5) shifts
per week.
1.5.8 "Fixed
Term" means an appointment for a specified period or to fulfil a specified
task of limited duration.
1.5.9 "Union"
means the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch,
industrial organisation of employees.
1.5.10
"Company" means The GEO Group Australia Pty Ltd.
1.5.11 "TUTA"
means the Trade Union Training Authority or such other Union training as agreed
to by the parties.
1.6. No Extra Claims
The parties to this Award undertake not to pursue any
further claims for wage increases or changes to conditions of employment
whether award or over award during the nominal life of this Award/Agreement
including but not limited to any increases in terms and conditions made
available under any State Wage Case Decision.
SECTION 2 - WAGES
AND CONDITIONS OF EMPLOYMENT
2.1. Classification
Structure
Employees employed under the provisions of this Award shall
be appointed as either a Trainee Correctional Officer, Correctional Officer
One, Correctional Officer Two, Correctional Officer Three or Correctional
Supervisor. Correctional Officers One,
Two, and Three and Correctional Supervisors shall be required to carry out the
duties and responsibilities included in the generic duty statements attached to
this Award as Schedule One, to the extent which is appropriate for the
particular employee’s training and experience.
2.1.1 Trainee
Correctional Officers shall be directly employed by the Company for a period of
not less than eight (8) weeks for the purpose of undertaking pre-service
training in custodial correctional services.
Persons appointed to this level shall be required to meet the
qualifications of the Company and/or of the New South Wales Department of Corrective
Services for engagement as a Trainee Correctional Officer.
2.1.2 Correctional
Officer One:
2.1.2.1 Initial
employment as a Correctional Officer will normally be to the first step of this
level and during the next three months of any such appointment the employee’s
employment will normally be on a probationary basis, in accordance with the
provisions of the Junee Correctional Centre - Correctional Officers - 2001
Enterprise Award covering probationary employees.
2.1.2.2 In
the case of employees who hold acceptable qualifications at the time of
engagement, or may have suitable experience, the requirement to complete a
probationary period may be waived, in whole or in part, at the discretion of
the Company
2.1.2.3 Appointments
to this level should be subject to the person having successfully completed the
pre service training provided by the Company to a Trainee Correctional Officer,
or to the person having had training and/or experience deemed by the Company to
be equivalent to that provided by the Company to a Trainee Correctional
Officer.
2.1.2.4 An
employee at this level shall be required, during the course of their employment
to undertake the training specified and shall carry out the duties of a
Correctional Officer as specified in Schedule 1 of this Award under regular
supervision.
2.1.2.5 A
full time employee appointed to this level will be required to complete
Certificate III in Correctional Practice within 12 months of engagement. A part-time/casual employee will be required
to complete certificate III in Correctional Practice within the pro-rata
equivalent of 12 months of full time service with The GEO Group Australia Pty
Ltd.
2.1.3 Correctional
Officer Two:
2.1.3.1 A full
time employee appointed to this level must have completed Certificate III in
Correctional Practice.
2.1.3.2 Notwithstanding
the above paragraph an appointment may be made by the Company to the
classification of Correctional Officer Two where the appointee holds
qualifications and/or experience deemed by the Company to be appropriate for
such appointment.
2.1.3.3 An
employee who is classified as a Correctional Officer One and who has completed
the required 12 months service with The GEO Group Australia Pty Ltd and is
denied promotion to the Correctional Officer Two level shall have access to an
appropriate appeals procedure.
2.1.3.4 An
employee at this level shall carry out the duties of a Correctional Officer as
specified in Schedule 1 of this Award.
2.1.4 Correctional
Officer Three:
2.1.4.1 Appointment
to this level is conditional upon an employee who has completed one year of
continual satisfactory service with The GEO Group Australia Pty Ltd as a
Correctional Officer Two.
2.1.4.2 Notwithstanding
the above paragraph an appointment may be made by the Company to the
classification of Correctional Officer Three where the appointee holds
qualifications and/or experience deemed by the Company to be appropriate for
such appointment.
2.1.4.3 An
employee at this level shall carry out the duties of a Correctional Officer as
specified in Schedule 1 of this Award.
2.1.5 Correctional
Supervisor:
2.1.5.1 Appointment
to this level shall be subject to the existence of a vacancy and to the Company
being satisfied that the employee has had sufficient experience and meritorious
service to warrant such appointment and has successfully completed Certificate
III in Correctional Practice.
2.1.5.2 All
appointments will be made in accordance with the Company’ merit selection and
EEO policies and shall normally be subject to the person having successfully
completed the training and having passed the examinations determined by the
Company from time to time to be appropriate for this level, which training will
comprise the Company’s Supervisor’s Course and Certificate IV in Correctional
Practice, to be completed within 12 months of appointment. Provided further that in determining what
training is appropriate and what examinations are to be set the Company shall
have regard only to the requirements of the job and shall not set standards
which are inappropriate or which are so high as to be practically unattainable
by relevant employees at Junee Correctional Centre.
2.1.5.3 An
employee at this level shall carry out the duties of a Correctional Supervisor
as specified in Schedule 1 of this Award.
2.2. Wages
2.2.1 Basic Wage:
This Award in so far as it fixes rates of wages, is made by reference and in
relation to the adult basic wage of $121.40 per week. The said basic wage may be varied by the Commission under
subclause (2) of Clause 14 of Division 4 of Part 2 of Schedule 4, Savings,
Transitional and Other Provisions of the Industrial Relations Act 1996. A reference in this Award to the adult basic
wage is to be read as a reference to the adult basic wage currently in force
under the said Clause 15.
2.2. Penalty Rates
and Loadings: the rates of pay prescribed in Table 1 of Part B - Rates of Pay,
- of this Award constitute an annualised salary based on a 40 hour week, up until
the introduction of the 38 hour week commencing from the first roster cycle to
commence on or after 31 December 2006 and a 38 hour week thereafter; and are
inclusive of a component in lieu of weekend penalties, shift allowances and
annual leave loading, and no additional penalties and/or loadings are payable
in relation to these matters.
2.2.3 Payment of
Wages: wages shall be paid on a fortnightly basis, not later than close of
business on Wednesday, by way of Electronic Funds Transfer into a nominated
bank, cheque or cash account at the discretion of the Company. In the event of payment by cheque, the
Company shall issue to the employee such cheque on or before close of business
on Wednesday of the week such payment is normally made.
2.4. Contract of
Employment:
2.4.1 Full Time
Employees: full time employees employed within the classifications covered by
this Award shall be paid the rate of pay as prescribed in Table 1 of Part B -
Rates of Pay, - of this Award.
2.4.2 Part Time
Employees:
2.4.2.1. Ordinary
Time Rate of Pay: part time employees shall be paid, for each hour of ordinary
time worked, 1/40th of the weekly rate for the relevant classification
prescribed under Table 1 of Part 2 of this Award up until the introduction of
the 38 hour week commencing from the first roster cycle to commence on or after
31 December 2006 and 1/38th of the weekly rate thereafter.
2.4.2.2. Pro-rata
Leave Entitlements: part time employees shall be entitled to pro-rata annual,
sick and long service entitlements, as prescribed by this Award, calculated in
accordance with the proportion of full time employee’s hours they so work.
2.4.2.3. Other
Award Provisions: subject to the provisions of subclause 2.4.2.1 and 2.4.2.2
above, all other provisions of the Award applicable to full time permanent
employees shall apply equally to part time employees.
2.4.3 Fixed Term: An
employee may be appointed to a full-time or part-time position for a specified
period or to fulfil a specified task of limited duration, and in such cases the
employee’s appointment shall terminate at the end of the specified period or on
completion of the specified task.
Provided that nothing in this clause shall be read as preventing a fixed
term employee from applying for and being appointed to a continuing position
during the term of their fixed term appointment.
2.4.4 Casual
Employees
2.4.4.1 Ordinary
Time Rate of Pay: casual employees shall be paid, for each hour of ordinary
time worked, 1/40th of the weekly rate for the relevant classification level
prescribed under Table 1 of Part 2 of this Award up until the introduction of
the 38 hour week commencing from the first roster cycle to commence on or after
31 December 2006 and 1/38th of the weekly rate thereafter; plus a
casual loading of 15%.
2.4.4.2 Pay-in-Lieu
of Annual Leave: in addition to the amount prescribed under Clause 2.4.4.1
casual employees shall be paid an amount equal to 1/12 of the casual ordinary
time hourly rate for each hour of ordinary time worked, in accordance with the
provisions of the Annual Leave Act applicable to casual employees.
2.4.4.3 Ordinary
Time Hours of Work for casual employees shall be less than 40 hours per week
including paid meal break, up until the introduction of the 38 hour week
commencing from the first roster cycle to commence on or after 31 December 2006
and 38 hours per week thereafter.
2.4.4.4 Ratio
of Casual to Permanent Employees: The
ratio of casuals to permanent employees to be 15:100 and no new casuals are to
be recruited until that ratio is achieved.
2.4.4.5 Permanent
Employees to be sourced from Junee casual pool: Full time permanent positions
that become available will be filled from the casual pool of employees, which
are on the company’s payroll as at 25 June, 2002, on the basis of 12-hour shifts.
2.4.5 Variation of
Hours - Permanent Employees: the hours per week for which a weekly employee is
engaged shall constitute a term of the employee’s contract of employment and
shall only be varied in accordance with the law governing variation of such
contracts.
2.4.6 Probation:
2.4.6.1 Appointment:
person who has successfully completed the Company’s pre-service training may be
appointed as a continuing full time or part time employee for a probationary
period not exceeding three (3) months, to carry out the duties associated with
the provision of custodial correctional services within the Centre.
2.4.6.2 Prior
Casual Employment: a person who has successfully completed the Company'’
pre-service training may also be offered casual employment within the
provisions of this Award. In such
cases, if the employee is subsequently appointed to a continuing position then
the maximum probationary period shall be reduced by one week for each 40 hours
worked as a casual employee, up until the introduction of the 38 hour week
commencing from the first roster cycle to commence on or after 31 December 2006
and 38 hours worked as a casual employee thereafter.
2.4.6.3 Performance
Reports: during the probationary period each probationary employee’s
performance will be continually monitored and any deficiency will be brought to
the attention of the employee, and the employee shall be advised as to what
changes are required in his/her performance in order to correct the deficiency.
2.4.7 Trainee
Correctional Officer:
2.4.7.1 Appointment:
a person who meets the qualifications of the Company and/or the New South Wales
Department of Corrective Services for employment as a Trainee Correctional
Officer may be directly employed by the Company for a period of not less than
(8) weeks of pre-service training in custodial correctional services.
2.4.7.2 Ordinary
Time Rate of Pay: Trainee Correctional Officers who are engaged within the
coverage of this Award shall be paid the rate of pay as prescribed for such
employees in Table 1 of Part B - Rates of Pay, - of this Award.
2.4.8 Use of
Available Skills:
2.4.8.1 The
Company may direct an employee to carry out such duties as are reasonable
within the limits of the employee’s skill, competence and training.
2.4.8.2 The
Company may direct an employee to carry out such duties and use such tools and
equipment as may be required provided that the employee has been properly
trained in the use of such tools and equipment (where relevant).
2.4.8.3 Any
direction issued by the Company pursuant to clauses 2.4.8.1 and 2.4.8.2 shall
be consistent with the Company’s responsibilities to provide a safe and healthy
working environment.
2.5. Staffing Levels - Occupational Healthy and
Safety Requirements.
Legal Obligations: The
Company shall meet its legal duty under the Occupational Health and Safety Act
to provide a safe place of work for its employees and shall staff the facility
accordingly.
2.6. Hours of Work
2.6.1 Ordinary Hours:
Unless otherwise agreed pursuant to Clause 2.6.2 Ordinary Hours Work, including
paid meal breaks, shall be eight (8) hours, or twelve (12) hours, in any one
day and not more than an average of forty (40) hours per week, up until the
introduction of the 38 hour week commencing from the first roster cycle to
commence on or after 31 December 2006 and an average of thirty eight (38) hours
thereafter; averaged over a six week period, and shall be worked continuously.
2.6.2 Variation of
Full Time Ordinary Hours: By mutual agreement between the parties to this
Award, ordinary hours of work other than eight (8) hours or twelve (12) hours
per day (not to exceed 12 hours per shift) including paid meal breaks, may be
worked with maximum of two hundred and forty (240) ordinary hours over a six
(6) week period.
2.6.3 Rosters:
2.6.3.1 The
ordinary working hours of employees shall be worked in accordance with a roster
established by a committee comprised of two (2) management and two (2) employee
representatives. A copy of this roster
shall be posted in a conspicuous place accessible to employees. The roster shall allow each employee two
whole consecutive days off in each week, provided that in lieu of two whole
days off in each week, an employee may be allowed in each fortnightly period
either one day off in one week and three consecutive days off in the other week
or four consecutive days off, provided further that two consecutive days off,
one at the end of one week and one at the beginning of the following week, may
be counted as meeting the requirements of this Clause. Unless otherwise agreed, an employee shall
not be required to work more than seven (7) shifts on consecutive days in any
fortnightly period.
2.6.3.2 The
Company is required to facilitate partners working on the same shift:
2.6.3.2.1 if
requested
2.6.3.2.2 not
as superior/subordinate in the same department; and
2.6.3.2.3 provided
there is no abuse of that privilege by the individuals involved
2.6.4 Commencement
and Cessation of Duty: Correctional Officers shall start and cease duty in the
muster room at the Junee Correctional Centre or as otherwise designated by the
General Manager, provided that where there is a requirement for employees to
work away from the Centre they may start and cease work at such locations. Travelling time in excess of that normally
required to report for work at the Junee Correctional Centre to and from such
locations shall be counted as time worked. Officers shall receive advance
notification of a requirement to start and cease away from the Centre and the period
of time during which such employees are required to do so shall be stipulated.
2.6.5 Training on
Rostered Days Off: An employee who volunteers for training on his or her
rostered day off shall be paid during that training period at ordinary
time. An employee who is required to
attend training courses on his or her rostered day off shall be paid at the
rate of time and half with minimum payment of three (3) hours or shall be given
equal time off (ie at the rate of one and a half hours off for every hour of
training) within the following ten days.
2.6.6 Employees
Exempted from 12 hour shift: Following a trial of shifts of twelve ordinary
hours which commenced on 28 June 2002 and concluded on 17 August 2004, it is
agreed all permanent employees, except those identified in Schedule 2 to this
Award, may be required by the employer to work shifts of either eight or twelve
ordinary hours duration.
2.6.6.1 Employees
identified in Schedule 2 all commenced permanent employment prior to 28 June
2002 and have been exempted due to individual circumstances.
2.6.6.2 The
employer will wherever possible accommodate a request from an employee
identified in Schedule 2 to transfer to twelve hour shifts. Once such a request has been made and granted,
a return to shifts of eight ordinary hours may occur only by agreement of the
parties.
2.6.6.3 Any
employee identified through the process set out in subclause 2.6.6.2 as not
wishing to work shifts of greater than eight (8) ordinary hours duration will
have their circumstances reviewed by a committee, to be known as the
"Eight Hour Committee". That
committee will be comprised of one (1) management, one (1) employee, and one
(1) independent person
2.6.6.4 The
union may, on behalf of any employee who disputes the recommendation made by
that committee, have that recommendation reviewed by the Industrial Relations
Commission pursuant to the provisions of clause 4.7 Disputes/Grievance
Procedure of this award.
2.6.6.5 An
employee who requests a review by the Industrial Relations Commission pursuant
to subclause 2.6.6.4 will not be required to work shifts of greater than eight
(8) ordinary hours duration whilst the matter is before the Industrial
Relations Commission.
2.6.6.6 The
Eight Hour Committee shall cease to operate once all outstanding issues before
the committee are resolved.
2.6.6.7 An
employee who is not rostered to work shifts of twelve (12) ordinary hours, and
who subsequently requests to be transferred to twelve (12) hour shifts, will have
that request facilitated, subject to availability of positions.
2.7. Overtime
2.7.1 Overtime
Loading - Permanent Employees: subject
to the provisions of subclauses 2.74 and 2.7.5 all time worked by permanent
employees in excess of ordinary hours of duty shall be paid for at the rate of
time and a half.
2.7.2 Overtime
Loading - Casual Employees: Except as
set forth in Clause 2.7.5. all work performed by a casual in excess of a full
shift in any one day shall be paid for at the rate of time and one half.
2.7.3 Meal Allowance
on Overtime: an employee required to
continue working for more than four (4) hours after the cessation of ordinary
duty shall be provided with a reasonable meal by the Company or be paid an
allowance as prescribed under Item 1 of Table 2 of Part B - Rates of Pay, - of
this Award.
2.7.4 Call Back: an employee recalled from home to perform
duty after completing a full shift or on any leave day or off duty day shall be
paid at the rate of time one half for such duty with minimum payment of three
(3) hours.
2.7.5 Pre-Shift
Briefing: Where the Company requires that an Employee report to the muster room
for briefing and the transfer of equipment prior to the commencement of his or
her shift, such briefing will be carried out at no extra cost to the Company
provided the briefing time does not exceed 10 minutes. If the Company requests the employee to
report to the muster room for briefing more than 10 minutes prior to the
commencement of the employee’s shift, the employee shall be entitled to
overtime pay for such excess time.
2.7.6 Post Shift
Delays: Officers who are required by
the Company, on the direction of the Shift Management or other authorised
person, to remain on site for any reason whatsoever after the rostered end of
their shift shall be paid overtime rates for each quarter hour or part thereof
for which they are required to remain on site.
2.7.7 Late
Arrivals: Officers who arrive after the
commencement of their rostered shift may be directed to remain on duty until
completing the normal number of hours for that shift or may have payment
deducted for each quarter hour or part thereof for which they are late.
2.8. Minimum Break
An employee who works so much overtime between the termination
or ordinary work on one day and the commencement of ordinary work on the next
day that such employee has not had at least ten (10) hours off duty between
those times, shall, subject to this subclause, be released after the completion
of such overtime until the employee has had ten (10) hours off duty without
loss of pay for ordinary working time occurring during such absence. If on the
instructions of the employer such an employee resumes or continues work without
having had ten (10) hours off duty the employee shall be paid at double
ordinary time until released from duty for ten (10) hours and such employee
shall then be entitled to be absent until the employee has had ten (10) hours
off duty without loss of pay for ordinary working time occurring during such
absence.
2.9. Performance of
Higher Duties
2.9.1 Developmental/Training
Prerequisite: an Officer may be
required to perform an aggregate of up to fifty six (56) hours of work at a
level above their current classification level without additional payment, for
the purposes of becoming familiar with the duties required at the higher
classification level.
2.9.2 Higher Duties
Allowance: subject to subclause 2.9.1.
above, an Officer called on to perform work at a level above their current classification
level shall be paid the rate prescribed for such higher classification level
under Table 1 of Part B - Rates Pay, - of this Award for all work so performed.
2.10. Termination of
Employment
2.10.1 Full-time and
part-time permanent employees - Termination by Company
2.10.1.1 An
employee may be summarily dismissed for serious misconduct, being conduct by
the employee of such a nature as would constitute a repudiation by the employee
of his or her contract of employment, including but not limited to serious or
wilful misconduct, dishonesty, drunkenness, insubordination, or other similar
major breach of rules or standards. In
such cases the employee shall be entitled only to all salary and holiday pay
due to the employee up to the time of such dismissal.
2.10.1.2 Except
in the case of summary dismissal for misconduct as provided for in paragraph
2.10.1.1 above, and/or (in the case of redundancy) except to the extent that
more beneficial entitlements arise under Section 5 - Redundancy Provisions - of
this Award, the Company will give the following notice of termination to
permanent employees:
Period of
Continuous Service
|
Period of Notice
|
|
|
Less than 1 Year
|
1 Week
|
1 Year but less than 3 years
|
2 Weeks
|
3 Years but less than 5 years
|
3 Weeks
|
5 Years and over
|
4 Weeks
|
Provided that where an employee has had greater than
two (2) years continuous service with the Company and is over 45 years of age an
additional one (1) week’s notice will be provided.
2.10.1.3 Payment
may be made in lieu of all or part of the notice prescribed in paragraph
2.10.1.2 above.
2.10.2 Termination of
employment by a Permanent Employee:
where a permanent employee terminates his/her employment at his/her own
discretion, the employee is required to provide the Company with one (1) week’s
written notice of termination or to forfeit one week’s pay in lieu of the said
notice.
2.10.3 Probationary
Correctional Officer: either party may
terminate the employment of a Probationary Correctional Officer by giving not
less than one (1) week’s prior written notice, or by the payment or forfeiture
(as the case may be) of one (1) week’s pay in lieu of the said notice.
2.10.4 Trainee Correctional
Officer: either party may terminate the
employment of a Trainee Correctional Officer by giving not less than two (2)
day’s prior written notice, or by the payment or forfeiture (as the case may
be) of two (2) day’s pay in lieu of the said notice.
2.10.5 Casual
Correctional Officer: either party may
terminate the employment of a Casual Correctional Officer by giving not less
than one (1) hour’s notice, or by the payment or forfeiture (as the case may
be) of one (1) hour’s pay in lieu of the said notice.
2.10.6 Certificate of
Service: on the termination of
employment the Company shall, at the request of the employee, give such
employee a statement signed by the Company stating the period of employment,
the class of work employed upon and when the employment terminated.
2.12. Meal Breaks
2.12.1 All employees
required to work a shift of more than four (4) hours shall be allowed a paid
break of not less than thirty (30) minutes for a meal during each day, to be
taken at a time established by the employee’s supervisor, but not sooner than
four (4) nor later than six (6) hours after the commencement of work
2.12.2 Employees
working shifts of twelve (12) ordinary hours duration shall be entitled to two
(2) thirty (30) minute paid crib breaks, which may be staggered, and shall be
between the third (3rd) and fifth (5th), and eighth (8th) and tenth (10th)
hours following commencement of the shift
2.12.3 Whenever
possible Meal and Crib breaks shall be taken away from inmates, however, the
provision of a free meal should remain the norm in circumstances where an
officer is required to remain at his/her workplace through their meal break.
2.12.4 Where an officer
working a 12 hour shift is required to remain at his/her post on more than one
occasion in any given calendar month or, if the rosters are monthly, then on
more than one occasion during that roster period, that officer would be
entitled to receive payment of time and one half ordinary time rate for the duration
of that meal break.
2.12.5 The penalty rate
would be single ordinary time rate for pay for the duration of that meal break
for an officer, in similar circumstances, working an 8 hour shift.
2.13. Rest Pauses
2.13.1 Full time
employees shall be entitled to a rest pause of ten-(10) minute’s duration in
the Company’s time in the first and second half of their daily work. No deduction of pay shall be made for each
rest pause so taken.
2.13.2 Part time or
casual employees engaged for a period of not more than four (4) hours shall be
entitled to a rest pause of ten (10) minutes duration in the Company’s time.
2.13.3 Part time or
casual employees engaged for a period of more than four (4) hours and up to a
full shift shall be entitled to a rest pause of ten (10) minute’s duration in
the Company’s time in the first and second half of his or her engagement.
2.13.4 When taken: rest
pauses shall be taken at such times as will not interfere with continuity of
work where continuity is necessary.
2.14. Benevolent Fund
2.14.1 Where an Officer
has provided written authority to permit such deductions, the Company shall
deduct from such Officers wages each pay period the amount specified in Item 2
of Table 3 of Part B - Rates of Pay, - of this Award, and shall pay that amount
into an approved benevolent fund established for this purpose under the
provisions of this Award.
2.14.2 For the purposes
of this Clause, the Joint Consultative Committee (established under the
provisions of this Award) shall be responsible for developing rules acceptable
to the Union and the Company allowing for the introduction of the benevolent
fund. This fund shall be used to
support injured or ill Officers who are temporarily without income, and shall
recoup the amounts so provided when the Officer again has access to an
income. The rules drawn up pursuant to
this subclause shall be subject to approval of a majority of the Members of the
Union employed by the Company at the time that the fund is established.
2.14.3 The Company
shall incur no liability as a result of the introduction of the Benevolent
Fund.
2.15. Occupational
Superannuation
Employees shall be entitled to Occupational Superannuation
in accordance with the provisions of the Occupational Superannuation
Guarantee (Administrative) Act 1992.
Employee contributions shall be made to the Australian Retirement Fund
in accordance with the rules of that Fund, including those rules relating to
when payments must be made. The company will facilitate salary sacrifice
arrangements for employees making personal superannuation contributions to the
Australian Retirement Fund on request of such employee.
2.16. Travelling Time
and Expenses
2.16.1 Employees
travelling under the instructions of the Company shall be deemed to be working
while travelling so far as they may be travelling during ordinary hours of
duty.
2.16.2 All reasonable
fares incurred by an employee whilst travelling on the Company’s business shall
be paid by the company. The fares
allowed shall be:
2.16.2.1 On
passenger coaches - normal fare:
2.16.2.2 On
trains - first class (with sleeping berth if available): and
2.16.2.3 On
passenger aircraft - economy class.
2.16.3 An employee who
is required by the Company, within his ordinary working hours to travel in excess
of ten kilometres from the location where he is usually employed, shall be
allowed reasonable return fares.
2.16.4 If an employee
is required in the course of his or her work to remain away from home
overnight, he or she shall be reimbursed by the Company for all reasonable
expenses actually incurred in obtaining board and accommodation. The Company reserves the right to make the
necessary arrangements on behalf of the employee and to pay the provider direct.
2.16.5 A permanent
employee who is required by the Company to commence and cease work at other
than the Junee Correctional Centre shall, in addition to all other
entitlements, be paid for all time in excess of that normally taken to travel
between his or her residence and the Junee Correctional Centre at ordinary
time. In addition, if an employee uses
his or her own vehicle, such employee shall be paid for all excess travelling
at the rate prescribed from time to time by the Commissioner of Taxation. The per diem rate for meals, as prescribed
above in Clause 2.16.4 may be payable.
2.16.6 An employee who
is requested to perform his/her duty away from the facility, such as
undertaking escorts, shall be entitled to a per diem meal allowance if they are
on duty away from the facility during meal times, at the rates prescribed under
Items 2 to 4 Table 2 of Part B - Rates of Pay, Etc - of this award, and shall
be varied in future in line with the relevant Australian Taxation Office
determinations. For the purpose of the
Clause only, meal times are defined as:
2.16.6.1 Breakfast
between 6:00am and 8:00am
2.16.6.2 Lunch
between 12:00 noon and 2:00pm
2.16.6.3 Dinner
after 6:00pm
2.16.6.4 An
employee working twelve hour shifts and engaged on escort duties away from the Correctional
Centre during the nightshift will receive an additional "B Watch"
meal allowance (as specified in Table 2 - Allowances).
2.17. Uniforms
A corporate uniform as specified in the Corporate Policy and
Procedures, and agreed between the parties, will be required to be worn by all
Correctional Officers.
PART A
SECTION 3 - LEAVE
3.1. Annual Leave
3.1.1 Employees
covered hereunder shall be entitled to annual leave in accordance with the
provisions of the NSW Annual Holiday Act 1944.
3.1.2 In addition to
the leave provided under 3.1.1 above, employees in their second and subsequent
years of employment shall be entitled to an additional weeks’ annual leave
during each such year of employment, or to a pro-rata amount of additional
leave for any such period of employment which is less than a complete year.
3.1.3 An employee
shall be able to apply for annual leave not less than six months before the
employee wishes to take such leave.
Provided further that up to five days annual leave may be taken as
single day absences where the employee has provided 48 hours notice as required
or a lesser period of notice if agreed to by the employer. A minimum of two weeks annual leave may be
accrued at the request of the employee or any other amount with the consent of
the employer.
3.2. Public Holidays
3.2.1 The days
observed as New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day and
any other day(s) proclaimed as public holidays for the State of New South Wales
shall be public holidays hereunder.
3.2.2 All work done
by an employee on public holidays shall be paid for at the rate of double time
and half.
3.2.3 Should any of the
public holidays mentioned in Clause 3.2.1 fall on a day on which an employee is
rostered off duty, such employee shall, in lieu of such holiday, be entitled to
either payment of an additional 8 hours pay or the addition of an extra 8 hours
to his or her annual leave entitlement.
3.2.4 Where an
employee is rostered to work on any of the aforesaid public holidays he or she
may by mutual agreement elect to be paid at his/her ordinary rate of pay for
the work performed on that holiday and have one and a half extra days added to
his or her annual leave. The option of
adding an extra day and one half to their annual leave may only be exercised on
five separate occasions in any one year of employment.
3.2.5 For the
purposes of subclause 3.2.4, a day shall be regarded as the number of ordinary
hours worked on the public holiday in question.
3.3. Long Service
Leave
All employees covered by this Award shall be entitled to
long service leave on full pay, subject to and in accordance with the
provisions of the Long Service Act 1955, as amended.
3.4. Sick Leave
3.4.1 During the
first year of employment with the Company, every employee other than a casual
employee shall be entitled to sixty-four (64) hours sick leave. Beginning on
the first anniversary of employment, and upon each succeeding anniversary
thereafter, every employee other than a casual employee shall be entitled to
not less than eighty (80) hours sick leave for the year beginning on such
anniversary date. Part time employees
are entitled to sick leave described in this Clause on a pro-rata basis.
3.4.2 Subject to the
provisions of clauses 3.4.3 and 3.4.4 every employee, absent from work through
illness for two or more days, shall, on the production of a certificate from a
duly qualified medical practitioner (or other evidence to the satisfaction of
the Company) specifying the period or approximate period during which the
employee will be unable to work, and subject to the Company being promptly
notified, become entitled to payment in full for all time he or she is so
absent from work.
3.4.3 Sick leave
shall be cumulative, but unless the Company and employee otherwise agree, no
employee shall be entitled to receive, and the Company shall not be bound to
make payment for more than eighteen (18) weeks absence from work through
illness in any one year.
3.4.4 The continuity
of employment of an employee with the Company for sick leave accumulation
purposes shall be deemed to be not broken by any of the following:
3.4.4.1 absence
from work on leave without pay granted by the Company
3.4.4.2 the
employee having been dismissed or stood down by the Company, or the employee
having himself terminated his employment with the Company for any period not
exceeding three months; provided that the employee shall have been re-employed
by the Company.
3.4.5 The period
during which the employment of the employee with the Company shall have been
interrupted or determined in any of the circumstances mentioned in paragraph
3.4.4 hereof shall not be taken into account in calculating the period of
employment of the employee with the Company
3.4.6 Where the
Company has a concern over a pattern of regular absences then the Company shall
have the right to refer the employee involved to the Centre’s Medical Officer
and/or to require medical certificates per Clause 3.4.2 for any further
absences of any length.
3.4.7 Employees who
take sick leave on either Saturday, Sunday or public holidays or a day
immediately preceding or succeeding a public holiday or rostered day off shall be
required to produce a medical certificate and/or personal declaration for such
period of absence.
3.5. Bereavement
Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement leave
without deduction of pay, up to and including the day of the funeral, on each
occasion of the death of a person prescribed in subclause (iii) of this
clause. Provided that where the death
of a person as defined occurs outside Australia, one days leave without loss of
ordinary pay shall be allowed. Provided
that such leave shall be extended to two days where an employee travels
overseas to attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take bereavement
leave and will, if required by the employer, provide to the satisfaction of the
employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in clause 3.6
State Personal/Carer’s Leave Case - August 1996 provided that, for the purpose
of bereavement leave, the employee need not have been responsible for the care
of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under the said
clause 3.6. In determining such a request
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the business.
3.6. Family Leave
3.6.1 Use of Sick
Leave
3.6.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in subparagraph 3.6.2.2 through 3.6.2.6 of paragraph
3.6.2, who needs the employee's care and support, shall be entitled to use, in
accordance with this subclause, any current or accrued sick leave entitlement,
provided for in clause 3.4, Sick Leave, for absences to provide care and
support, for such persons when they are ill.
Such leave may be taken for part of a single day.
3.6.1.2 The
employee shall, if required, 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. In normal circumstances, an employee must not take carer's leave
under this subclause where another person has taken leave to care for the same
person.
3.6.2 The entitlement
to use sick leave in accordance with this subclause is subject to:
3.6.2.1 the
employee being responsible for the care of the person concerned; and the person
concerned being:
3.6.2.2 a
spouse of the employee; or
3.6.2.3 a de
facto spouse, who, in relation to a person, is a person of the opposite sex to
the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
3.6.2.4 a
child or an adult child (including an adopted child, a step child, a foster
child or an ex nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
3.6.2.5 a
same sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
3.6.2.6 a relative
of the employee who is a member of the same household, where for the purposes
of this subparagraph:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
3.6.3 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
3.6.4 Unpaid Leave
for Family Purpose
(i) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
3.6.5 Annual Leave
(i) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(ii) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
3.6.6 Time Off in
Lieu of Payment for Overtime
(i) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 3
months of the said election.
(ii) Overtime
taken as time off during ordinary time hours shall be taken at the ordinary
time rate, that is an hour for each hour worked.
(iii) If, having
elected to take time as leave in accordance with paragraph (a) of this subclause,
the leave is not taken for whatever reason payment for time accrued at overtime
rates shall be made at the expiry of the 12 month period or on termination.
(iv) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
3.6.7 Make-up Time
(i) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(ii) An employee
on shift work may elect, with the consent of the employer, to work
"make-up time" (under which the employee takes time off ordinary
hours and works those hours at a later time), at the shift work rate which
would have been applicable to the hours taken off.
3.7. Parental Leave
Employees shall be entitled to unpaid parental leave in
accordance with the provisions of Division 1 of Part 2 of Chapter 2 of the New
South Wales Industrial Relations Act 1996.
3.8. Jury Leave
An employee shall be allowed leave of absence during any
period when required to attend for jury service. During such leave of absence, an employee shall be paid the
difference between the jury service fees received and the normal ordinary rate
of pay as if working. An employee shall
be required to produce to the Company proof of jury service fees received and
proof of the requirement to attend and attendance on jury service and shall
give the Company notice of such requirement as soon as practicable after
receiving notification to attend for jury service.
3.9. Special Leave
When an employee has completed a 6 month period of permanent
full time continuous service with no sick leave absences from duty in that
time, he or she shall be eligible to apply for one paid day of leave.
3.10. Tuta Leave
Upon the written application by an employee, or of the Union
on behalf of an employee, to the Company and giving the Company two (2) months
notice, such employee shall be granted up to (5) working days non-cumulative
leave each calendar year on ordinary pay (exclusive of any disability
allowances), to attend courses and/or seminars conducted by TUTA. The granting of such leave shall be subject
to the following conditions:
3.10.1 An employee must
have had at least twelve (12) months service with the Company prior to such
leave being granted;
3.10.2 The maximum number
of employees attending a TUTA course or seminar at the same time will be three
(3)
3.10.3 The taking of
TUTA leave shall be arranged so as to minimise any adverse effect on the
Company’s operation. Where the Company
approaches the Union and demonstrates genuine difficulties with respect to the
release of a particular employee at a particular time (including where the
Company may have previously advised of its ability to release such employee)
the Union will not unnecessarily press its request for the release of that
employee at that time. If the matter is
not amicably resolved, it shall be processed in accordance with the provisions
of Clause 4.7 of this Award;
3.10.4 The scope,
content and level of the course shall be such as to contribute to a better
understanding of industrial relations, industrial efficiency and workplaces
issues within the Company’s operations;
3.10.5 In granting such
paid leave the Company is not responsible for any additional costs except the
payment of extra remuneration where relieving arrangements are instituted to
cover the absence of the employee
3.10.6 Leave granted to
attend TUTA courses will not incur additional payment if such course coincides
with an employee’s rostered day off
3.10.7 The taking of
TUTA leave will not affect other leave granted to employees under this Award,
nor shall it adversely affect the employee’s service for the calculation of
leave entitlements.
3.11. Court Leave
An employee who is subpoenaed to be a witness in any Court
proceedings arising out of their employment with the Company shall retain any
witness fees and/or travelling costs awarded by the Court and, in addition,
shall be recompensed as follows:
3.11.1 When Rostered on
Duty: Payment for the Period of Absence in Accordance With the Employee’s Usual
Rostered Duties;
3.11.2 When rostered
off duty: an alternative day off shall
be granted in lieu of the rostered day off on which the employee attended
Court, within the following month.
3.12. Military Leave
Unpaid leave not exceeding two weeks in any one year will be
granted by the General Manager of the facility, to employees who are members of
the Defence Force Reserves for the purpose of undergoing training or equivalent
continuous duty. Operational and
staffing requirements will take priority; however, all efforts will be made to
accommodate leave requests. Copies of
military orders will be required to support such leave.
PART A
SECTION 4 -
WORKPLACE INDUSTRIAL RELATIONS
4.1. Freedom from
Victimisation
The Company shall not victimise an employee or prospective
employee because that person:
4.1.1 is a Member of
the Union or expresses an intention to become a member of the Union;
4.1.2 seeks the
assistance of the Union in claiming a benefit to which the person is entitled
under this Award and/or under any industrial legislation;
4.1.3 informs the
Union of any alleged breach of this Award and/or of any industrial legislation;
4.1.4 assists the
Union at any Court or Commission proceedings related to this Award.
4.2. Union Delegates
The Company shall recognise any duly accredited Delegate/s
of the Union where it is advised by the Union that the person concerned has
been elected/appointed as a Delegate/s in accordance with the rules of the
Union, and shall afford such Delegate/s reasonable assistance in carrying out
their Union duties and functions. In
electing delegate/s employees shall be mindful of the percentage representation
of women within the correctional workforce and where possible shall ensure that
women delegate/s are encouraged.
4.3. Commitment to
Training and Careers
The parties to this Enterprise Award are committed to
continuing and upgrading the training provided to employees. It is agreed that the parties will
co-operate in ensuring that such training is maintained and improved, this may
encompass the alignment of identified skills/competencies to a particular
classification as defined in Clause 1.5. "Definitions" of this
Award. The parties are also committed
to enhancing the career opportunities and job security of employees in such
industry.
4.4. Co-Operation and
Commitment to Productivity Improvement
The parties to this Enterprise Award are committed to
co-operating positively to increase the efficiency, productivity and competitiveness
of the enterprise covered by this Enterprise Award. Participation in productivity improvements includes assisting in
the development and implementation of management systems for facility
accreditation, ISO 2000.
4.5. Joint Workplace Consultative
Committee (JCC)
4.5.1 Membership: A Joint Consultative Committee shall be
established consisting of five persons elected by the employees covered by this
award plus an Officer of the Union, plus a Senior Manager nominated by the
General Manager, plus three other persons appointed by the management of Junee
Correctional Centre.
4.5.2 Authority: Decisions and/or recommendations of the JCC
shall be advisory only, and shall not be binding upon the parties to this
Award. However, in the event that a JCC recommendation is not accepted and/or
is not implemented by a party or by the parties to this Award then the JCC
shall report to that effect to such supervisory body as has authority to deal
with the matter and as the JCC determines is appropriate in the circumstances
of the particular case. Any proposal or
recommendation made by the JCC shall be documented and shall incorporate a
review period.
4.5.3 Meetings: The JCC shall meet on a monthly basis, plus
on such additional occasions as the JCC may itself determine is necessary.
4.5.4 Responsibility: The JCC shall be responsible for
investigating local workplace issues including the application and
implementation of employment conditions prescribed by this Award, and for
suggesting such changes in operating procedures as the JCC may determine are
appropriate. In particular the JCC will
be responsible for developing rules and procedures which are acceptable to the
Union and the Company and which are designed to:
4.5.4.1 find
acceptable methods of reducing the causes and effects of employee absenteeism,
and ensure that this matter is considered at each meeting and that it remains
on the agenda until it is resolved.
4.5.4.2 allow
the JCC to provide positive input into Occupational Health & Safety
Matters.
4.5.4.3 Provide
an appeals procedure for employees who are refused progression within their
classification level and/or for cases where an employee who has the necessary
training and experience is refused promotion to a vacant position in a classification
level above his/her current level.
4.5.4.4 Ensure
that the training which is required for promotion between classification levels
is genuinely accessible to all employees, and is adequate to provide the skills
required by the Company:
4.5.4.5 Investigate
the problems and difficulties associated with the disciplinary procedure
provided under this Award and, and if required, to develop a simpler and more
flexible procedure:
4.5.4.6 Introduce an employee benevolent fund:
4.5.5 Effect on
Employees: All employees affected by
any proposal and/or recommendation of the JCC shall be consulted and shall have
the opportunity to be represented by the Union.
4.6. Disciplinary
Procedures
4.6.1 General
Principles: The following progressive disciplinary procedure shall apply in the
case of employee disciplinary infractions and breaches of centre rules,
regulations, practices and procedures.
Where appropriate, progressive discipline will be generally be imposed
in accordance with the following progression:
verbal counselling and/or reprimand
written notice of rules violation or written reprimand
suspension without pay
refusal of progression within classification level
demotion to a lower classification
termination
4.6.2 Initial
Interview
4.6.2.1 The
employee is to be interviewed regarding the alleged incident and a file note is
to be made.
4.6.2.2 If
following the interview it is deemed that disciplinary action is warranted the
employee is to be informed in writing with as much information as possible
regarding the alleged nature and date of the breach and given sufficient time
(3-5 days) to reply to the allegations.
4.6.2.3 The
employee is to respond within the time frame specified.
4.6.2.4 If a
decision is made to proceed with a breach of discipline, the Officer is to be
informed. Any proposed suspension is to
be determined by the General Manager and the Officer to be advised.
4.6.2.5 Any
Officer found guilty of an offence may be suspended without pay for a period of
up to 14 days in any one-year. A year
will be defined as 12 calendar months from any earlier suspension.
4.6.2.6 A
Correctional Supervisor, not performing to the expectations of the position or
subject to ongoing or a major disciplinary breach, or abrogating the
responsibility of the position, may be dealt with by way of the disciplinary
procedure which can include a re-evaluation of the title of Correctional
Supervisor as such this may be removed and Correctional Supervisor reduced to
the grading of Correctional Officer.
4.6.3 Procedure for
Disciplinary Interview
4.6.3.1 The
Officer shall receive at least 24 hours notice of the interview, a copy of the
Disciplinary Interview Guideline, advice that a Union Delegate or Official or fellow
Officer may be present, an indication of the nature and purpose of the
interview.
4.6.3.2 The
interviewer shall be, impartial, have no involvement in the subject of the
interview, not have indicated any view or opinion of the subject matter, ensure
only questions subject to the interview are asked, not use accusatory or
intimidatory tones, indicate to the Officer that a recommendation will be
presented within five (5) working days.
4.6.3.3 During
the interview, the Officer is to be informed of the purpose of the interview,
the Officer is to be informed of the right to remain silent, each allegation
should be put to the Officer and a response invited, the Officer is to be asked
if satisfied that the interview process has been followed correctly.
4.6.3.4 Appeals
- If the Officer feels the recommendation is unfair a request for an internal
appeal may be made. Any such appeal is
to be made within 24 hours. An appeal
panel of three independent people, the Human Resource Manager, a Departmental
Manager (from another department) and a Union Delegate/Official is to
convene. A decision is to be presented
to the General Manager with a recommendation and all documentation. The General Manager’s decision is final with
no further right of appeal and will be made within 2 working days of the
appeal.
4.7. Dispute
Settlement Procedure
The parties to this Award recognise the critical public
interest inherent in the operation of the Centre and accordingly commit
themselves to the following procedures:
4.7.1 Any grievance
or potential industrial dispute shall be discussed in the first instance by the
employee(s) and the immediate supervisor.
4.7.2 If unable to be
resolved at that level the matter(s) shall be referred to the Operations
Manager or designee for further consideration.
4.7.3 If unable to be
resolved at that level the matter(s) shall be referred to the General Manager
within 48 hours for decision.
4.7.4 If the
matter(s) is/are not able to be resolved then a meeting will take place as soon
as possible with the General Manager, his/her advisers and the Secretary of
Union and his/her designees and/or advisers which may include the aggrieved
member(s).
4.7.5 If there is no
resolution then the NSW Industrial Relations Commission will be notified.
4.7.6 The Union
undertakes that no Industrial Action will be taken while the steps in the
procedure are being followed. Both
parties agree to comply with orders/recommendations of the Industrial Relations
Commission.
4.7.7 Nothing in this
Award shall prohibit a member of the Union contacting the Union, provided such
contact does not in any manner impair the efficient operation of the Centre
4.8 Anti
Discrimination
It is the intention of the parties bound by this Award to seek
to achieve the object in section 3(f) of the Industrial Relations Act 1996
to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
4.8.1 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award in Clause 21 - Disputes Procedures 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.
4.8.2 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
4.8.3 Nothing in this
clause is taken to affect:
4.8.3.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
4.8.3.2 offering
or providing junior rates of pay to persons under the age of 21 years;
4.8.3.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977.
4.8.3.4 a
party to this Award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
PART A
SECTION 5 -
REDUNDANCY PROVISIONS
5.1. Application
5.1.1 The following
shall apply in respect of full time and part time persons employed in the
classifications specified in Part B - Rates of Pay, Allowances and Other
Amounts; and
5.1.2 Where more than
15 employees were employed immediately prior to the termination of employment
of employees, in the terms of subclause of this award.
5.1.3 Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
5.1.4 Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where employment
is terminated as a consequence of conduct that justifies instant dismissal,
including malingering, inefficiency or neglect of duty, or in the case of
casual employees, apprentices or employees engaged for a specific period of
time or for a specified task or tasks or where employment is terminated due to
the ordinary and customary turnover of labour.
5.2. Introduction of
Change
5.2.1 Employers duty
to notify
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
5.2.2 "Significant
effects' include termination of employment, major changes in the composition,
operation or size of the employers workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer or
employees to other work or locations and the restructuring of jobs.
Provided that where the award specified in clause 3(i)
makes provision for alteration of any of the matters referred to herein, an
alteration shall be deemed not to have significant effect.
5.2.3 Employers duty
to discuss change
The employer shall discuss with the employees affected
and the union to which they belong, inter alia, the introduction of the changes
referred to in subclause (i) above, Employers duty to notify, of this clause,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
5.2.4 The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in subclause (i) of this
clause.
5.2.5 For the purpose
of such discussion, the employer shall provide to the employees concerned and
the union to which they belong all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
5.3. Redundancy
5.3.1 Discussions
before terminations
Where an employer has made a definite decision that the
employer no longer wishes the job the employee has been doing done by anyone
pursuant to paragraph (a) of subclause (i) of clause 4, Introduction of Change,
and that decision may lead to the termination of employment, the employer shall
hold discussions with the employees directly affected and with the union to
which they belong.
5.3.2 The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of paragraph (a) of this
subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination of the employees concerned.
5.3.3 For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the proposed
terminations, the number and categories of employees likely to be affected, and
the number of workers normally employed and the period over which the
terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
5.4. Termination of
Employment
5.4.1 Notice for
Changes in Production, Program, Organisation or Structure.
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from 'production',
'program', 'organisation' or 'structure' in accordance with clause 4(i)(a) of
this clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of
continuous service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week's notice.
(c) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
5.4.2 Notice for
Technological Change
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from 'technology'
in accordance with subclause 5.10 of this award:
(a) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(b) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
5.4.3 Time off during
the notice period
(a) During the
period of notice of termination given by the employer an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
5.4.4 Employee
leaving during the notice period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
5.4.5 Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
5.4.6 Notice to
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify the Centrelink thereof as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
5.4.7 Employment
Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
'Employment Separation Certificate' in the form required by Centrelink.
5.4.8 Transfer to
lower paid duties
Where an employee is transferred to lower paid duties
for reasons set out in subclause (i) of clause 4 of this award, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee's employment had been terminated,
and the employer may at the employer's option make payment in lieu thereof of
an amount equal to the difference between the former ordinary time rate of pay
and the new ordinary time rates for the number of weeks of notice still owing.
5.5. Severance Pay
5.5.1 Where an
employee is to be terminated pursuant to clause 6 of this award, subject to
further order of the Industrial Relations Commission, the employer shall pay
the following severance pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an employee
is 45 years old or over, the entitlement shall be in accordance with the
following scale:
Years of Service
|
45 Years of Age and
Over Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) Weeks Pay' means
the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances paid in accordance with this
Award as varied.
5.5.2 Incapacity to
pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause (i)
above.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Industrial Relations Commission thinks relevant, and the probable effect paying
the amount of severance pay in subclause (i) above will have on the employer.
5.5.3 Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause (i)
above if the employer obtains acceptable alternative employment for an
employee.
5.6. Savings Clause
Nothing in this award shall be construed so as to require
the reduction or alteration of more advantageous benefits or conditions which
an employee may be entitled to under any existing redundancy arrangement, taken
as a whole, between the union and any employer bound by this award.
5.7. Mechanisation
and Technological Changes
Notwithstanding any other provisions of this Clause, where on
account of the introduction or proposed introduction by the Company of
mechanisation or technological changes in the industry in which the Company is
engaged, the Company terminates the employment of an employee who has been
employed for the preceding twelve months, such employee shall be given three
months’ notice of the termination of employment; provided that, if the Company
fails to give such notice in full:
5.7.2 the employee
shall be paid at the rate specified for the employee’s ordinary classification
under the provisions of this Award for a period equal to the difference between
three months and the period of notice given; and
5.7.3 the period of
notice required by this subclause to be given shall be deemed to be service
with the Company for the purpose of the Long Service Leave Act 1955, the
Annual Holidays Act 1944 or any Act amending or replacing either of
those Acts; and provided further that the right of the Company to summarily
dismiss an employee for the reasons specified in Clause 3.5 - Termination of
Employment - of this Award, shall not be prejudiced by the fact that the
employee has been given notice pursuant to this subclause of the termination of
the employee’s employment.
5.7.4 When the
Company gives to an employee notice of the termination of employment on account
of the introduction or proposed introduction of mechanisation or technological
changes, within fourteen days thereafter the Company shall give notification in
writing to the Industrial Registrar, the New South Wales Government Director of
Vocational Guidance, the New South Wales Government Director of Technical and
Further Education and the New South Wales Branch Secretary of Australian
Liquor, Hospitality and Miscellaneous Workers Union, of the fact, stating the
employee’s name, address and usual occupation and the date when the employment
terminated or will terminate in accordance with the notice given.
PART B
RATES OF PAY,
ALLOWANCES & OTHER AMOUNTS
Table 1 - Wages
1/7/05 - Commencement of Award
Permanent Employees
|
Casuals Per Hour
|
Classification
|
Annual
|
80 Hour
|
Ordinary
|
Base Ord.
|
A.L. 1/12
|
Total Ord.
|
Overtime
|
|
Salary
|
Fortnight
|
per Hour
|
Time Rate
|
in lieu
|
Time Rate
|
@ 150%
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
Trainee C.O.
|
21,101
|
811.58
|
10.14
|
|
|
|
-
|
Correctional
|
40,273
|
1,548.96
|
19.36
|
22.26
|
1.86
|
24.12
|
33.40
|
Officer One
|
|
|
|
|
|
|
|
Correctional
|
42,393
|
1,630.50
|
20.38
|
23.44
|
1.95
|
25.39
|
35.16
|
Officer Two
|
|
|
|
|
|
|
|
Correctional
|
45,213
|
1,738.96
|
21.74
|
25.00
|
2.08
|
27.08
|
37.50
|
Officer Three
|
|
|
|
|
|
|
|
Correctional
|
48,449
|
1,863.42
|
23.29
|
26.78
|
2.23
|
29.02
|
40.18
|
Supervisor
|
|
|
|
|
|
|
|
1/7/06 - 3% increase
Permanent Employees
|
Casuals Per Hour
|
Classification
|
Annual
|
80 Hour
|
Ordinary
|
Base Ord.
|
A.L. 1/12
|
Total Ord.
|
Overtime
|
|
Salary
|
Fortnight
|
per Hour
|
Time Rate
|
in lieu
|
Time Rate
|
@ 150%
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
Trainee C.O.
|
21,734
|
835.92
|
10.45
|
|
|
|
|
Correctional
|
41,481
|
1,595.42
|
19.94
|
22.93
|
1.91
|
24.84
|
34.40
|
Officer One
|
|
|
|
|
|
|
|
Correctional
|
43,665
|
1,679.42
|
20.99
|
24.14
|
2.01
|
26.15
|
36.21
|
Officer Two
|
|
|
|
|
|
|
|
Correctional
|
46,569
|
1,791.12
|
22.39
|
25.75
|
2.15
|
27.89
|
38.62
|
Officer Three
|
|
|
|
|
|
|
|
Correctional
|
49,903
|
1,919.35
|
23.99
|
27.59
|
2.30
|
29.89
|
41.38
|
Supervisor
|
|
|
|
|
|
|
|
First Roster Cycle commencing on or after 31/12/06, 38 hour
week
Permanent Employees
|
Casuals Per Hour
|
Classification
|
Annual
|
80 Hour
|
Ordinary
|
Base Ord.
|
A.L. 1/12
|
Total Ord.
|
Overtime
|
|
Salary
|
Fortnight
|
per Hour
|
Time Rate
|
in lieu
|
Time Rate
|
@ 150%
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
Trainee C.O.
|
21,734
|
835.92
|
10.45
|
|
|
|
|
Correctional
|
41,481
|
1,595.42
|
20.99
|
24.12
|
2.01
|
26.15
|
36.21
|
Officer One
|
|
|
|
|
|
|
|
Correctional
|
43,665
|
1,679.42
|
22.10
|
25.42
|
2.12
|
27.53
|
38.12
|
Officer Two
|
|
|
|
|
|
|
|
Correctional
|
46,569
|
1,791.12
|
23.57
|
27.11
|
2.26
|
29.36
|
40.66
|
Officer Three
|
|
|
|
|
|
|
|
Correctional
|
49,903
|
1,919.35
|
25.25
|
29.04
|
2.42
|
31.46
|
43.56
|
Supervisor
|
|
|
|
|
|
|
|
1/7/07 - 3% increase
Permanent Employees
|
Casuals Per Hour
|
Classification
|
Annual
|
76 Hour
|
Ordinary
|
Base Ord.
|
A.L. 1/12
|
Total Ord.
|
Overtime
|
|
Salary
|
Fortnight
|
per Hour
|
Time Rate
|
in lieu
|
Time Rate
|
@ 150%
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
Trainee C.O.
|
22,386
|
861.00
|
11.33
|
|
|
|
|
Correctional
|
42,725
|
1,643.27
|
21.62
|
24.86
|
2.07
|
26.93
|
37.29
|
Officer One
|
|
|
|
|
|
|
|
Correctional
|
44,975
|
1,729.81
|
22.76
|
26.17
|
2.18
|
28.36
|
39.26
|
Officer Two
|
|
|
|
|
|
|
|
Correctional
|
47,966
|
1,844.85
|
24.27
|
27.91
|
2.33
|
30.24
|
41.87
|
Officer Three
|
|
|
|
|
|
|
|
Correctional
|
51,400
|
1,976.92
|
26.01
|
29.91
|
2.49
|
32.40
|
44.87
|
Supervisor
|
|
|
|
|
|
|
|
Table 2 -
Allowances
1/7/05, Commencement of Award
Item #
|
Clause
|
Description
|
Rate
|
|
|
|
$
|
1
|
2.7.2
|
Overtime exceeding 4 hours - meal allowance - per meal
|
8.69
|
2
|
2.16.6.1
|
Away from home and Escort Duty - Breakfast Allowance - per
meal
|
*
|
3
|
2.16.6.2
|
Away from home and Escort Duty - Lunch Allowance - per
meal
|
*
|
4
|
2.16.6.3
|
Away from home and Escort Duty - Dinner Allowance - per
meal
|
*
|
5
|
2.16.6.4
|
B Watch meal allowance - if working away from centre - per
meal
|
17.34
|
* Breakfast, Lunch and Dinner Allowances are increased in line
with changes in the Australian Tax Office rates
1/7/06, 3% increase
Item #
|
Clause
|
Description
|
Rate
|
|
|
|
$
|
1
|
2.7.2
|
Overtime exceeding 4 hours - meal allowance - per meal
|
8.95
|
2
|
2.16.6.1
|
Away from home and Escort Duty - Breakfast Allowance - per
meal
|
*
|
3
|
2.16.6.2
|
Away from home and Escort Duty - Lunch Allowance - per
meal
|
*
|
4
|
2.16.6.3
|
Away from home and Escort Duty - Dinner Allowance - per
meal
|
*
|
5
|
2.16.6.4
|
B Watch meal allowance - if working away from centre - per
meal
|
17.86
|
* Breakfast, Lunch and Dinner Allowances are increased in line
with changes in the Australian Tax Office rates
1/7/07, 3% increase
Item #
|
Clause
|
Description
|
Rate
|
|
|
|
$
|
1
|
2.7.2
|
Overtime exceeding 4 hours - meal allowance - per meal
|
9.22
|
2
|
2.16.6.1
|
Away from home and Escort Duty - Breakfast Allowance - per
meal
|
*
|
3
|
2.16.6.2
|
Away from home and Escort Duty - Lunch Allowance - per
meal
|
*
|
4
|
2.16.6.3
|
Away from home and Escort Duty - Dinner Allowance - per
meal
|
*
|
5
|
2.16.6.4
|
B Watch meal allowance - if working away from centre - per
meal
|
16.50
|
* Breakfast, Lunch and Dinner Allowances are increased in line
with changes in the Australian Tax Office rates
Table 3 - Other
Amounts
1/7/05, Commencement of Award
Item #
|
Clause
|
Description
|
Rate
|
|
|
|
$
|
1
|
2.11
|
Charge for Company provided meals - per meal
|
2.89
|
2
|
2.1.3.1
|
Deduction from salary for benevolent fund - per week
|
1.00
|
1/7/06, 3% increase
Item #
|
Clause
|
Description
|
Rate
|
|
|
|
$
|
1
|
2.11
|
Charge for Company provided meals - per meal
|
2.98
|
2
|
2.1.3.1
|
Deduction from salary for benevolent fund - per week
|
$1.00
|
1/7/07, 3% increase
Item #
|
Clause
|
Description
|
Rate
|
|
|
|
$
|
1
|
2.11
|
Charge for Company provided meals - per meal
|
3.07
|
2
|
2.1.3.1
|
Deduction from salary for benevolent fund - per week
|
$1.00
|
Schedule 1
Generic Position
Descriptions
POSITION TITLE :
|
Trainee Correctional Officer
|
|
|
LOCATION
|
Operations Department
|
|
|
REPORTS TO
|
Operations Manager
|
Primary Objective
The primary objective of the Correctional Officer Trainee is
to undertake the required training in order to be deemed competent to perform the
role of Correctional Officer.
1.0. Duties and
Responsibilities
1.1 To undertake
The GEO Group Australia Pty Ltd pre service training course which is approved
by the Commissioner for NSW Department of Corrective Services.
1.2 To undertake
the required assessments in order to be deemed competent to perform the role of
Correctional Officer.
1.3 Co-operate
with the employer’s efforts to comply with the requirements of the OH&S
Act 2000. Accept responsibility for
the health, safety and welfare of subordinates, inmates, contractors and
visitors under the employee’s supervision. Comply with the employer’s policy
and procedures enabling compliance with the OH&S Act 2000.
2.0. Key Selection
Criteria
2.1 Basic level of
computer literacy.
2.2 Preference of
year 12 education or equivalent.
2.3 Current First
Aid certificate would be highly desirable.
2.4 Demonstrated
willingness and ability to enrol in a nationally approved training program
delivered and assessed by a Registered Training Organization to undertake
Certificate III in Correctional Practice.
2.5 Meet The GEO
Group Australia Pty Ltd’s established psychological profile, numeracy and
literacy requirements.
2.6 Maintain a
continuing satisfactory security clearance as approved by the Commissioner of
NSW Department of Corrective Services.
2.7 Ability to
work in a correctional environment that will involve direct contact with prison
inmates.
POSITION TITLE :
|
Correctional Supervisor
|
|
|
LOCATION
|
Operations Department
|
|
|
REPORTS TO
|
Correctional Manager
|
Primary Objective
The primary objective of the Correctional Supervisor is to:
Maintain the good order and security of the
Correctional Centre and the safety of staff, inmates and visitors;
Supervise staff on a day to day basis, ensuring
provision of quality services to inmates, including case management, and
actively participate in the operations and determinations of priorities of any
one of the assigned areas in accordance with the structured day.
1.0. Duties and
Responsibilities
1.1 Through the
supervision of Correctional Officers, ensure the Company’s philosophy towards
inmate management is adhered to.
1.2 Supervise the
behaviour and the activities of inmates on a day to day basis in accordance
with the Centre’s structured day.
1.3 Interact with
offenders and respond to their needs through the provision of services in an
appropriate manner in accordance with relevant legislation and company policies
and procedures.
1.4 Supervise the activities
associated with the effective and efficient management of the various areas and
functions within the Centre, including supervision and coordination of
Custodial Staff.
1.5 Ensure Case
Management activities are being performed by Correctional Officers in
accordance with the inmate’s case plan.
1.6 Co-operate
with the employer’s efforts to comply with the requirements of the OH&S
Act 2000. Accept responsibility for
the health, safety and welfare of subordinates, inmates, contractors and
visitors under the employee’s supervision. Comply with the employer’s policy
and procedures enabling compliance with the OH&S Act 2000.
1.7 Relieve in the
position of Correctional Manager as required.
1.8 Required to
work shift work that involves a 7-day rotating roster including both day and
night shifts.
1.9 Carry out
other duties as directed by the Correctional Manager.
2.0. Selection
Criteria
2.1 Must have
completed Certificate III in Correctional Practice.
2.2 Will be
required to complete Certificate IV in Correctional Practice within 12 months
of prorata service.
2.3 Demonstrated
sound working knowledge of GEO Instructions, policies and procedures as well as
the relevant States’ Corrective Service Acts and Regulations.
2.4 Highly developed
written and oral communication skills.
2.5 Demonstrated
competence in supervision and mentoring of staff.
2.6 Demonstrated
leadership skills.
2.7 A demonstrated
high degree of computer literacy.
2.8 Demonstrated
knowledge of Equal Employment Opportunity, GEO’s EOWA Plan and Workplace Health
and Safety Principles.
2.9 Current First
Aid certificate.
2.10 Promotion to
this position is subject to an existing vacancy and merit.
2.11 Required to
work shift work that involves a 7-day rotating roster including both day and
night shifts.
POSITION TITLE
|
Correctional Officer
|
|
|
LOCATION
|
Operations Department
|
|
|
REPORTS TO
|
Correctional Supervisor
|
Primary Objective
The primary objective of the Correctional Officer is to:
Maintain the good order and security of the
Correctional Centre and the safety of the staff, inmates and visitors;
Ensure the provision of quality case management
services to assigned inmates in accordance with the inmate’s case plan and
structured day.
1.0. Duties and
Responsibilities
1.1 Supervise the
behaviour and the activities of inmates on a day to day basis in accordance
with the Centre’s structured day.
1.2 Carry out case
management duties for assigned inmates in accordance with the inmate’s case
plan.
1.3 Interact with
offenders and respond to their needs through the provision of services in an
appropriate manner in accordance with relevant legislation, NSW Department of
Corrective Services Procedures Manual and Junee Correctional Centre Operating
Instructions and assignment orders.
1.4 Carry out
other duties as directed.
1.5 Relieve in the
position of Correctional Supervisor as required.
1.6 Required to
work shift work that involves a 7-day rotating roster including both day and
night shifts.
1.7 Co-operate
with the employer’s efforts to comply with the requirements of the OH&S
Act 2000. Accept responsibility for
the health, safety and welfare of subordinates, inmates, contractors and
visitors under the employee’s supervision. Comply with the employer’s policy
and procedures enabling compliance with the OH&S Act 2000.
2.0. Key Selection
Criteria
2.1 Successfully
completed the pre service training provided by the Company to a Trainee
Correctional officer.
2.2 Must participate
in a registered nationally approved traineeship program to undertake a
nationally accredited Certificate III in Correctional Practice, which must be
completed within 12 months of prorata service.
2.3 Current First
Aid Certificate.
2.4 Maintain a
continuing satisfactory security clearance as approved by the Commissioner of
NSW Department of Corrective Services.
2.5 Ability to
work in a correctional environment that will involve direct contact with prison
inmates.
2.6 Required to
work shift work that involves a 7-day rotating roster including both day and
night shifts.
SCHEDULE 2
Employees exempted
from 12 hour shifts as per clause 2.6.6
1. Jarrod Smith
2. Michael Breen
3. Craig Maxwell
4. Jacqueline
Starr
5. Glenn
Kitchener
6. Anthony Manning
7. Philip
Bouffler
8. Jeffrey
Kennedy
M. J. WALTON J,
Vice-President.
P. J. SAMS D.P.
J. D. STANTON, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.