Crown Employees (Correctional Officers, Department
of Communities and Justice - Corrective Services NSW) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 163499 of 2021)
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Before Commissioner Sloan
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4 February 2022
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REVIEWED
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Conditions
Fixed by Other Instruments of Employment
5. Ranking
Structure
6. Salaries
7. Allowances
8. Progression
and Promotion
9. Increments
10. Hours of
Work
11. Shiftwork
12. Rostered
Days Off
13. Shift
Handover
14. Payment of
Salary
15. Overtime
16. Recreation
Leave and Compensation for Saturdays, Sundays and Public Holidays
17. Annual
Leave Loading
18. Allowance
for Temporary Assignment
19. Permanent
part-time
20. Technological
change
21. Performance
Management
22. Work Health
and Safety
23. Dispute
resolution procedures
24. Professional
Conduct
25. Equity of
Employment
26. Harassment
Free Workplace
27. Anti-Discrimination
28. Deduction
of Association Membership and Legal Fund Fees
29. Savings of
rights
30. No further
claims
31. General
32. Area,
Incidence and Duration
Schedule A - Agreed Procedures for the Settlement of
Grievances and Disputes
Schedule B - Memorandum of Understanding for Correctional
Officers, Corrective Services NSW
Schedule C – Safe Staffing Levels
2. Title
This Award will be known as the Crown Employees
(Correctional Officers, Department of Communities and Justice- Corrective
Services NSW) Award.
3. Definitions
In this Award, unless the content or subject matter
otherwise indicates, the following definitions apply:
"Act" means the Government Sector Employment Act 2013, or its replacement.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Award" means this Award.
"Conditions Award" means the Crown Employees
(Public Service Conditions of Employment) Award 2009 or its replacement.
"Corrective Services NSW (CSNSW)" means a division
within the Department of Communities and Justice.
"Division Head" means the Secretary of the Department
of Communities and Justice
"Day Worker" means an Officer, other than a shift
worker, who works the ordinary hours from Monday to Friday inclusive between
the hours of 6.00 a.m. and 6.00 p.m.
"General Manager" means the person occupying or
acting in the role of General Manager of a Correctional Centre or
Superintendent of a work location.
"Correctional Officer" or "Officer"
means and includes all adult persons (as defined by the Act), employed on an
ongoing, temporary or casual basis, who is assigned to one of the roles covered
by this Award
"Regulation" means the Government Sector
Employment Regulations 2014, or its replacement.
"Service" means continuous service in a position
covered by this Award.
"Shift worker - Continuous Shifts" means an
officer engaged in work carried out in continuous shifts throughout the 24
hours of each of at least six consecutive days without interruption except
during meal breaks or due to unavoidable causes beyond the control of the
Division Head or delegate.
"Shift worker - non-continuous Shifts" means an
officer who is not a "day worker" or a "shift worker -
continuous shifts", as defined above.
4. Conditions Fixed by
Other Instruments of Employment
(i) The following
Awards, or their replacements, insofar as they fix conditions of employment
applying to officers covered by this Award, which are not fixed by this Award,
will continue to apply:
Crown Employees (Public Service Conditions of
Employment) Award 2009
Crown Employees (Transferred Employees Compensation)
Award 2009
(ii) Except as
expressly provided by this Award, and except where conditions are covered by
the Awards referred to in subclause (i) of this clause, the conditions of
officers are determined by the provisions of the Act, the Regulation and the
Public Service Industrial Relations Guide or its replacement.
5. Ranking Structure
(i) Custodial
Officers:
Senior Correctional Officer
First Class Correctional Officer 2nd year and
thereafter
First Class Correctional Officer 1st year
Correctional Officer 2nd year and thereafter
Correctional Officer 1st year
Probationary Correctional Officer
(ii) Industrial
Officers:
Senior Overseer
Overseer 2nd year and thereafter
Overseer 1st year
6. Salaries
(i) Salaries
payable to officers covered by this Award are in accordance with the Crown
Employees (Public Sector – Salaries 2021) Award or
an Award replacing it.
(ii) Salaries
prescribed in this clause include a component for the previously paid:
environmental allowance
special duties allowance
clothing and laundry allowances (except for hosiery)
7. Allowances
The following allowances are payable subject to the
conditions attached:
(i) Incidental -
this is to compensate for full participation in Area and Case Management,
including maintenance of Case Management files, training junior staff and
roster preparation (where appropriate), and for the progressive introduction of
electronic security and inmate monitoring systems.
(a) This allowance
will be paid for all purposes. In the case of an officer acting in a higher
duties capacity, the higher allowance is only payable if the officer has acted
continuously in the role for more than four weeks, except for Senior
Correctional Officers rostered as Officer in Charge on "B" (night) or
"C" (afternoon) watches for consecutive periods of 4 (four) days or
more.
(b) Correctional
Officer
|
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Per annum effective
first pay period commencing on or after 1 July 2021
|
|
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$
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Probationary Correctional Officer (in training)
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n/a
|
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Probationary (on graduation)
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1082
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1st year
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1,585
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2nd year and thereafter
|
2,169
|
|
1st Class - 1st year
|
3,244
|
|
1st Class - 2nd year and thereafter
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3,244
|
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Senior Correctional Officer
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5,407
|
(c) Industries and
Maintenance
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Overseer
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3,244
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Senior Overseer
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5,407
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(d) This allowance
is not payable to Probationary Correctional Officers whilst in primary
training. It is payable from the date these officers enter on duty in a
correctional centre after graduation.
(ii) Meals – in
general Correctional Officers are not entitled to meal monies except as
provided for in clause 5 of Schedule B
(iii) Mobile Work
Camps - an amount of $127 per day in addition to a normal shift payment at
single time is payable to an officer rostered on a mobile work camp. This is an
all incidence allowance to compensate for all out of hours activities for the
remaining 16 hours each day for, among other things, acquisition of additional
skills for training purposes, imparting skills to inmates, responsibilities for
the security of equipment on a 24 hour basis, absence from their families and
disabilities for being exposed to the elements.
(iv) Hosiery
allowance - an amount of $120 per annum is paid to female Correctional Officers
to compensate for the purchase of hosiery (which is not provided as part of the
standard issue of clothing).
(v) Should there be
a variation to the Crown Employees (Public Sector – Salaries 2021)Award, or an award replacing it, during the term of this Award, by
way of salary increase or other benefit to the public service, this Award
will be varied to give effect to any such salary increase, or other benefit,
from the operative date of the variation of the former Award or replacement
award.
8. Progression and
Promotion
(i) Officers, whose
conduct and services are satisfactory, will progress to the rank of
Correctional Officer, subject to completion of twelve (12) months service as a
Probationary Correctional Officer and having satisfactorily completed the
appropriate training course/s as determined by CSNSW.
(ii) Officers, who,
having completed 12 months service on the Probationary rate, and who are
refused progression to the rank of Correctional Officer, may request that the
decision be reviewed by the Division Head or delegate.
(iii) Officers, who
have completed twelve (12) months service on the 2nd year and thereafter rate
for Correctional Officer, will progress to the rank of Correctional Officer,
1st Class, subject to the following criteria:
(a) Satisfactory
conduct and services;
(b) Completion of
appropriate training course/s as determined by CSNSW;
(c) Value, quality
and scope of the work performed warrants such progression.
N.B.
Satisfactory conduct and services includes but is not limited to, the
following:
(d) satisfactory
sick leave record;
(e) punctual
attendance;
(f) proper standard
of dress and grooming;
(g) no proven
misconduct charges in the previous twelve (12) months.
Value, quality and scope of work performed will
include:
(h) capacity to
undertake the more difficult posts with efficiency and economy;
(i) capacity to
supervise and direct junior officers;
(j) high standard
and accuracy of written reports;
(k) capacity to
interact in a positive manner with other officers;
(l) being
pro-active rather than reactive.
(iv) Provided that
officers who have not completed the training courses as determined under
paragraph (iii)(b) by reason only of CSNSW exigencies are not prejudiced in
their eligibility to progress.
(v) Correctional
Officers, who, having completed 12 months service on the 2nd year and
thereafter rate and who are refused progression to the rank of Correctional
Officer, 1st Class, may request that the decision be reviewed by the Division
Head or delegate.
9. Increments
(i) The payment of
increments under the scales of salaries prescribed by this Award are subject to
approval by the Division Head or delegate and pursuant to the increment
provisions of the Regulation except where varied by this Award.
(ii) Four weeks
prior to the date on which an officer will become eligible for an annual
increment of salary, the General Manager will report to the Division Head or
delegate as to the conduct and manner in which the duties of the officer have
been performed.
(iii) In cases where
the recommendation of the General Manager is adverse to the granting of an
increment, and such recommendation has been approved by the Division Head or
delegate, the officer has a right of appeal as provided under Part 7 Public
Sector disciplinary appeals of the Industrial Relations Act 1996.
10. Hours of Work
(i) The ordinary
hours of work for day workers are 38
hours per week averaged over a 28-day roster cycle, to be worked Monday to
Friday inclusive, provided that by agreement between the parties ordinary hours
up to a maximum of twelve (12) hours per day may be worked without the payment
of overtime. Meal allowances are not applicable.
(ii) The ordinary
hours of work for shift workers are 38 hours per week averaged over a 28-day
roster cycle, provided that shifts of up to twelve (12) hours may be worked
without the payment of overtime. Meal allowances are not applicable.
(iii) Time taken in
partaking of meals will not count towards working time, unless such meal is
taken as a crib break.
(iv) A crib break is
an entitlement to a paid break of 20 minutes to be taken between the 3rd and
5th hour after the commencement of a shift.
The break is to be taken away from the direct work location wherever
possible (but still within the correctional centre or work location but away
from inmates) with officers being available to respond to any situation should
they be required during the 20 minute break.
(v) If a crib break referred to in subclause
(iv) is not able to be taken, a Crib Break Penalty may be applicable as set out
in Clause 5 of Schedule B of this Award.
(vi) During the
Daylight Saving changeover, an officer working a rostered shift will receive payment
for a standard shift i.e. 8 hours plus shift allowance irrespective of whether
the hours actually on duty are 7 or 9.
However, if an officer is working an overtime shift, the officer is paid
the actual hours worked i.e. either 7 or 9 hours.
11. Shiftwork
(i) For the purpose
of this clause -
"Early Morning Shift" means any shift
commencing before 6.00 am.
"Afternoon Shift" means any shift finishing
after 6.00 pm and at or before midnight.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8.00 am.
(ii) Officers who
work shiftwork are to be paid the following allowances other than at weekends
or on public holidays:
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Early morning shift
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10%
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Afternoon shift (C or D watch)
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15%
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Night Shift (B watch)
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17½%
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12. Rostered Days Off
(i) The hours of
work prescribed in clause 10, Hours of Work of this award will be worked on the
basis of a rostered day off in each 20 working days of a 28-day roster
cycle. Officers will accrue 0.4 of an
hour each 8-hour day towards having the 20th day off with pay, subject to
subclauses (iii) and (iv) of this clause.
(ii) An officer’s
rostered day off is determined by CSNSW having regard to the needs of the
establishment or sections. Where practicable, rostered days off will be
consecutive with other days off.
(iii) Once set, the
rostered day off may not be changed in a current 28-day roster cycle without
agreement between the officer and his or her supervisor. Where the rostered day off is changed by
agreement, another day will be substituted in the current roster cycle. Should this not be practicable the rostered
day must be given and taken in the next roster cycle.
(iv) The maximum
number of rostered days off prescribed in subclause (i) of this clause is 12
days per annum. There will be no accrual to a rostered day off during the first
four (4) weeks of recreation leave.
(v) All other paid
leave will contribute towards the accrual of rostered days off except where
paid workers compensation and extended leave is current throughout the roster
cycle. Where an officer’s rostered day
off falls during a period of sick leave, the officer’s available sick leave
will not be debited for that day.
13. Shift Handover
(i) The salaries
paid to Correctional Officers and the application of a 38-hour week recognises
that additional time may be involved for an officer at the time of shift
handover in:
(a) briefing
incoming officers.
(b) incoming
officers parading prior to relieving security posts, towers, etc.
(c) undertaking
weapons safety check in the presence of the incoming and outgoing officer.
(ii) There will be
no overtime hours paid for this work.
14. Payment of Salary
(i) Officers are
paid according to an average of 38 ordinary hours per week. although more or
less than 38 ordinary hours may be worked in any particular week.
(ii) Officers will
have their salaries paid into an account with a bank or other financial
institution in New South Wales, as nominated by the officer. Salaries will be
deposited in sufficient time to ensure that monies are available for withdrawal
by officers no later than the appropriate payday.
15. Overtime
(i) The conditions
of the Conditions Award or its replacement will apply, provided that in
establishments where extended ordinary hours and/or extended shift hours apply,
officers working an overtime shift of 8 hours or more is only eligible for one
(1) meal allowance.
16. Recreation Leave
and Compensation for Saturdays, Sundays and Public Holidays
(i) Officers
engaged as day workers are entitled to recreation leave in accordance with the
provisions of the Recreation Leave clause of the Conditions Award, or its
replacement.
(ii) Officers
engaged as shift workers - continuous shifts under this Award and who are
regularly required to perform rostered duty on Sundays and Public Holidays will
receive the following compensation and be subject to the following conditions:
(a) For ordinary
rostered time worked on a Saturday - additional payment at the rate of half
time extra.
(b) For ordinary
rostered time worked on a Sunday - additional payment at the rate of three
quarter time extra.
(c) When rostered
off on a public holiday - no additional compensation or payment.
(d) When rostered on
a public holiday and work performed - additional payment at the rate of half
time extra.
(e) Recreation leave
at the rate of six weeks per annum inclusive of any public holiday/s.
(f) Additional
payment on the following basis:
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Number of ordinary
shifts worked on Sundays and/or Public Holidays
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Additional Payment
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during a qualifying
period of twelve months from
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1 December one year
to 30 November
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the next year
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4 to 10
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1/5th of one week’s ordinary salary
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11 to 17
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2/5ths of one week’s ordinary salary
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18 to 24
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3/5ths of one week’s ordinary salary
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25 to 31
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4/5ths of one week’s ordinary salary
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32 or more
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One week’s ordinary salary
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(iii) The additional
payment will be made after the 1st December in each year for the preceding
twelve months, provided that:
(a) Where the
employment of an officer is terminated, or the officer resigns or retires, the
officer is entitled to be paid the additional payment that may have accrued
under this paragraph from the preceding 1st December until the date of
termination, resignation or retirement.
(b) Payment will be
at the rate applying as at 1st December each year, or at the date of
termination, resignation or retirement.
17. Annual Leave
Loading
(i) The Annual
Leave loading payable to all Correctional Officers engaged as shift workers
will be 20% in lieu of all other entitlements under this heading.
(ii) Annual Leave
loading payable to Correctional Officers who are day workers will be paid in
accordance with the provisions of the Conditions Award.
18. Allowance for
Temporary Assignment
(i) Subject to this
clause, an officer who is required to perform duties in a higher role covered
by this Award will, provided the officer performs the whole of the duties and
assumes the whole of the responsibilities of the higher role be paid an
allowance at the difference between the officer's present salary and the salary
prescribed for the higher role covered by this Award.
(ii) Officers
employed in the classification of Probationary Correctional Officer or
Correctional Officer are not entitled to be paid the allowance prescribed in
subclause (i) of this clause when performing duties of Correctional Officer or
Correctional Officer 1st Class.
(iii) An officer who
is required to perform duties in a higher role covered by the Crown Employees
(Senior Assistant Superintendents and Assistant Superintendents, Department of
Communities and Justice- Corrective Services NSW) Award (or any award
succeeding or replacing that award) will be paid an allowance equal to the
difference between the officer's present salary and 95% of the '5 day' salary
prescribed for the higher role. Any weekend or overtime penalty rates payable
under this award will be applicable to this higher duties allowance.
(iv) The allowance
for temporary assignment payable under subclause (iii) of this clause will be
included in salary for the purposes of calculating overtime only if the duties
carried out during the period of overtime are those of the higher role and
provided the salary and allowance does not exceed the maximum rate for Clerk
Grade 8, as varied from time to time, when the rate payable for directed
overtime will be at the maximum rate for Clerk, Grade 8 plus $1.00.
(v) The allowance
for temporary assignment payable under subclauses (i) and (iii) of this clause
will be paid for each day the officer acts in the higher role.
(vi) The provisions
of paragraph (i)(a) of clause 7 Allowances of this award will not apply to the
payment of higher duties.
19. Permanent
Part-Time
(i) CSNSW is
committed to providing part-time work opportunities where practicable. Such
arrangements should provide flexibility for effective use of resources and be
of benefit to staff.
(ii) Part-time
arrangements must be acceptable to both CSNSW and the officer and must be in
accordance with the provisions of the Industrial
Relations Act 1996 and the Flexible Work Practices Policy and Guidelines
issued by the then Public Employment Office in October 1995.
20. Technological
Change
(i) The
introduction of technological changes will be undertaken in accordance with the
provisions of the Conditions Award or its replacement.
21. Performance
Management
(i) CSNSW’s
Performance Management System will be used as a process of identifying,
evaluating and developing work performance. This will ensure CSNSW meets its
corporate objectives and, at the same time, will benefit officers by way of
providing information, establishing agreed targets, providing performance
feedback and enhancing rapport with supervisors.
(ii) Any officer who
fails to gain a satisfactory performance appraisal will be counselled and a
detailed developmental program will be negotiated to enable officers to reach
satisfactory performance as outlined in CSNSW’s Performance Management System.
22. Work Health and Safety
(i) The parties to
this Award are committed to achieving and maintaining accident-free and healthy
workplaces by:
(a) assisting the
Secretary Department of Premier and Cabinet and the Association in the
development of policies and guidelines for CSNSW on Occupational Health, Safety
and Rehabilitation;
(b) the
implementation of such policies and guidelines within CSNSW;
(c) establishing
consultative mechanisms and structures within CSNSW, to identify and introduce
safe systems of work, safe work practices and working environments; to develop
strategies to assist the rehabilitation of injured staff members; and to
determine the level of responsibility to achieve these objectives. This will
assist to achieve the objects of the Work Health and Safety Act 2011,
the Regulation and Codes of Practice made under this Act, and the Workplace
Injury Management and Workers Compensation Act 1998 and the Workers
Compensation Act 1987.
(d) identifying
training strategies for officers, as appropriate, to assist in the recognition,
elimination or control of workplace hazards and the prevention of work related
injury and illness.
(e) directly
involving the Division Head or delegate in the provisions of paragraphs (a) to
(d) of this subclause.
(ii) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
23. Dispute Resolution
Procedures
(i) The
Grievances/Disputes Procedures contained in Schedule A applies to all parties
covered by this Award.
24. Professional
Conduct
(i) Officers must
be committed to personal conduct and service delivery in accordance with the
principles, mission and corporate objectives as expressed in the CSNSW
Corporate Plan.
(ii) Officers must
perform their duties diligently, impartially and conscientiously to the best of
their ability by complying with the Department of Justice Code of Ethics and
Conduct Policy in the performance of their duties.
(iii) All officers will
be professional in their conduct with the public, other staff and inmates.
(iv) Officers must
comply with the requirements of the CSNSW Dress Manual and ensure their dress
and grooming are of the highest standard.
25. Equity of
Employment
(i) The parties are
committed to providing a work environment which promotes the achievement of
equity and the elimination of discrimination in employment.
(ii) Officers with
supervising responsibilities must ensure that all staff under their supervision
are treated equitably and without bias or prejudice.
26. Harassment Free
Workplace
(i) The parties are
committed to ensuring that officers work in an environment free of harassment.
Harassment on the grounds of sex, marital status, pregnancy, race, culture or ethno-cultural
background, disability or perceived disability (including HIV/AIDS), age,
homosexuality or perceived homosexuality, transgender or perceived transgender
is unlawful in terms of the Anti-Discrimination Act 1977.
(ii) Harassment is
any repeated, uninvited or unwelcome behaviour directed at another person. The
effect of harassment is to offend, annoy or intimidate another person and to
make the workplace uncomfortable or unpleasant.
(iii) Harassing
behaviour is unacceptable and disruptive to the well-being of individuals and
workplace productivity.
(iv) Harassment on
any grounds including, but not limited to, sex, marital status, pregnancy,
race, culture or ethno-cultural background, disability or perceived disability
(including HIV/AIDS), age, homosexuality or perceived homosexuality,
transgender or perceived transgender will not be condoned by CSNSW or the
Association.
(v) Correctional
Officers must prevent all forms of harassment by setting personal examples, by
ensuring proper standards of conduct are maintained in the workplace and by
taking immediate and appropriate measures to stop any form of harassment of
which they may be aware.
(vi) All Correctional
Officers are required to refrain from perpetuating, or being party to, any form
of harassment.
(vii) Where a claim of
harassment is made, and with consultation with the Association, and CSNSW
considers there is reasonable grounds for considering harassment has occurred,
the alleged offending officer is to be transferred to another work location
until the matter is fully investigated.
27.
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, age and responsibilities as a carer.
(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 officer because the officer 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:
(i) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) 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 legislation referred to in this clause.
Notes:
(a) CSNSW and its
officers may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
28. Deduction of
Association Membership and Legal Fund Fees
(i) The Association
will provide CSNSW with a schedule setting out the Association’s fortnightly
membership and legal fund fees payable by members of the Association in
accordance with the Association rules.
(ii) The Association
will advise CSNSW of any change to the amount of fortnightly membership and
legal fund fees made under its rules. Any variation to the schedule of the
Association’s fortnightly membership and legal fund fees are to be provided to
CSNSW at least 28 days in advance of the variation taking effect.
(iii) Subject to
subclauses (i) and (ii) of this clause, CSNSW will deduct the Association’s
fortnightly membership and legal fund fees from the pay of any officer who is
an Association member in accordance with the Association’s rules, provided the
officer has authorised CSNSW to make such deductions.
(iv) Monies so
deducted from the officer’s pay will be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to the officer’s membership accounts.
(v) Unless other
arrangements are agreed to by CSNSW and the Association, all Association
membership and legal fund fees will be deducted by CSNSW on a fortnightly basis.
29. Savings of Rights
(i) At the time of
the making of this Award, no officer covered by this Award will suffer a
reduction in his or her rate of pay or any loss or diminution in his or her
conditions of employment as a consequence of the making of this Award.
30. No Further Claims
(i) It is a
condition of this Award that the Association undertakes for the duration of the
life of this Award not to pursue any extra claims, award or over award, with
respect to Correctional Officers.
31. General
(i) Nothing in this
Award will be construed as restricting the Division Head or delegate to alter
the duties of any role or to abolish any role covered by this Award in
consultation with the Association.
32. Area, Incidence
and Duration
(i) This Award applies
to all officers defined in clause 5, Ranking Structure, of this Award.
(ii) This award is
made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Correctional Officers Department of Attorney General and Justice –
Corrective Services NSW) Award published 8 May 2020 (387 I.G. 1154).
(iii) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) take effect on and from..
(iv) The award remains
in force until varied or rescinded, the period for which it was made having
already expired.
(v) Changes made to
this award subsequent to it first being published on 11 July 2008 (366 I.G.130)
have been incorporated into this award as part of the review.
(vi) The Prison
Officers (Settlement of Grievances and Disputes) Agreement, Agreement No. 2471
of 1984 is rescinded and replaced by Schedule A of this award.
SCHEDULE A - AGREED PROCEDURES FOR SETTLEMENT OF GRIEVANCES AND
DISPUTES
1. Objectives
1.1 The object of
these procedures is the improvement of industrial relations and the development
of a spirit of co-operation within CSNSW.
1.2 The parties
acknowledge the desirability, in the interests of all concerned of industrial
claims being dealt with expeditiously and without resort to industrial action.
1.3 It is the
intention that as CSNSW is an essential service industry, problems and disputes
should be resolved by discussion and the adoption of common-sense solutions
rather than by the resort to industrial action.
1.4 It is recognised
that proper consultation and communication within CSNSW are of the utmost
importance for its effective operation and for the administration of its
functions.
1.5 There will be
co-operation at all levels to ensure the final resolution of disputes
expeditiously.
1.6 Compliance with
the spirit and intent of this agreement as well its terms, is accepted as
essential to the achievement of a better working atmosphere for Correctional
Officers and to ensuring a stable environment for inmates.
1.7 The officials of
the POVB and of the sub-branches are recognised as having, within their
respective spheres, an essential role and responsibility in the handling of
industrial disputes and representing Correctional Officers, but with due regard
to their responsibilities as Correctional Officers.
1.8 These procedures
are not intended to limit the powers of tribunals under the Industrial
Relations Act 1996 but are designed to facilitate the process of
conciliation and the settlement of industrial disputes by amicable arrangements
as envisaged by the Industrial Relations Act 1996. All matters filed
pursuant to the Industrial Relations Act 1996 will be dealt with in
accordance with it.
1.9 It is the
intention that the agreed procedure will be followed in processing industrial
disputes but it may be necessary by agreement to by-pass some of the steps of
the procedure in attempting to achieve a speedy resolution in specific
instances.
2. Definitions
In this Schedule, the definitions as listed in Clause 3
Definitions of the Crown Employees (Correctional Officers, Department of
Attorney General and Justice - Corrective Services NSW) Award are to apply. In
addition to those definitions, the following definitions apply:
2.1 "POVB"
means the Prison Officers’ Vocational Branch of the Association.
2.2 "Sub-branch"
means the sub-branch of the POVB covering the workplace concerned.
2.3 "Industrial
dispute" means a dispute or claim with regard to or affecting the
conditions of employment of Correctional Officers.
2.4 "Industrial
action" includes a refusal to work or the imposition of work bans or
limitations.
2.5 "Workplace"
includes correctional centre, courts, head or regional office.
2.6 "Working
days" means days on which the office of CSNSW is open for business.
2.7 "Management
Committee" means the Management Committee of the POVB.
2.8 "State
Executive" means such of the Chairman, Vice Chairman and Hon. Secretary of
the POVB (whose election has been notified by the Association to CSNSW) and
Country Vice Chairman as are at the time available.
2.9 "Sub-branch
Executive" means such of the duly elected Executive of the sub-branch
(whose election has been notified to the General Manager of the workplace concerned)
as are at the time available.
2.10 "Officials"
means in the case of the POVB the State Executive and in the case of a
sub-branch the sub-branch executive or such of the members of the respective
bodies as are at the time available.
2.11 "Local issue"
means an industrial claim which relates solely to a particular workplace.
2.12 "State-wide
issues" means any industrial dispute which is not a local issue or is one
which directly affects Correctional Officers at more than one workplace.
3. Procedure in Local
Issues
3.1 The sub-branch
Executive will immediately notify the General Manager of the existence of any
industrial dispute or of any resolution passed at a meeting of members of a
sub-branch and which may give rise to an industrial dispute.
3.2 The General
Manager, as the person responsible for the day-to-day running of the workplace,
will endeavour to resolve the matter in discussion with the sub-branch
Executive or in the case of the Long Bay Correctional Complex with an official
of the sub-branch and a local workplace delegate.
3.3 If any
industrial dispute cannot be resolved at this level, the matter will be
referred to the next appropriate higher level of management who will attempt to
resolve the matter.
3.4 That manager
will advise the appropriate higher level of management immediately of any
matter which is likely to lead to an industrial dispute or which affects the
conditions of employment of Correctional Officers and which has not been
resolved in the procedures in subclause 3.2 and 3.3, who will immediately seek
to resolve the matter.
3.5 Where the
procedures of sub clauses 3.2, 3.3 and 3.4 do not lead to resolution of the
industrial dispute, the State Executive will be advised accordingly by the
sub-branch Executive. The State
Executive will consider the matter promptly and, after discussion if necessary,
with the sub-branch Executive, will refer the same to the Association.
3.6 The Association
and CSNSW must each immediately notify the other of any industrial dispute which
is referred to either of them and the other party will take prompt steps
seeking to resolve the dispute through consultation.
3.7 If the Association and CSNSW are unable to
resolve the dispute it must be immediately notified by one of the parties,
pursuant to the Industrial Relations Act 1996, to be dealt with in
accordance with the Industrial Relations Act 1996.
4. Procedure in
State-Wide Issues
4.1 Any resolution
of a sub-branch which is endorsed by the State Executive or any resolution of
the management committee which may lead to an industrial dispute, is to be
referred by the officials concerned to the Association which must notify it to
CSNSW. The Association and CSNSW will
take prompt steps seeking to settle the matter by consultation.
4.2 If the
Association and CSNSW are unable to resolve the dispute it will be immediately
notified by one of the parties pursuant to the Industrial Relations Act 1996
to be dealt with in accordance with the Industrial Relations Act 1996.
5. General Procedures
5.1 The agreed
procedures are not be taken as an acknowledgement that industrial action by
Correctional Officers will be necessary or proper.
5.2 All sub-branch
meetings will be fully advertised with as much notice as possible. The General
Manager will be given proper and adequate notice of any sub-branch meeting
which it is proposed to hold.
5.3 If a resolution be
carried at any sub-branch meeting calling for or suggesting industrial action,
the sub-branch Executive must immediately notify the State Executive and the
Association of the terms of the resolution and it will not be implemented until
all the agreed procedures have been completed.
5.4 At least three
clear working days’ notice must be given by the State Executive to the
Association and CSNSW of any intention or proposal for all or any members of
the POVB to take industrial action.
5.5 No industrial
action will be taken until the agreed procedures have been completed or until a
dispute notified pursuant to the Industrial
Relations Act 1996 has been heard and determined.
5.6 CSNSW maintains
that as it has the responsibility for the direction, control and management of
workplaces, it has the right itself or through its appropriate Executive Staff
to make the necessary management decisions.
5.6.1 Nevertheless
CSNSW acknowledges the desirability of employees being consulted before the
introduction of changes or innovations which will have a significant impact
upon established work practices and procedures affecting Correctional
Officers. It is accepted that the term
significant impact is difficult to define and may convey different meanings to
different people but, it is intended to indicate changes which have a real and
important as distinct from a minor or incidental effect on Correctional
Officers.
5.6.2 As a gesture of
its good intentions and in recognition of the willingness of the Correctional
Officers to agree not to resort to industrial action and of the declared
intention of the Association and the Correctional Officers to adhere to these
procedures, CSNSW undertakes that:
(a) the Association
will be advised of any such changes or innovations which are to be introduced
where they affect more than one workplace.
(b) the Sub-branch
Executive will be advised by the General Manager of any such changes or
innovations proposed within a workplace other than on a day-to-day basis.
5.6.3 In the event of
the Association or the POVB, or the sub-branch as the case may be, requesting
consultation such consultation will take place before the changes or
innovations are made.
5.6.4 If there is
continuing disagreement between the Association and CSNSW regarding a proposed
change or innovation, a notification of a dispute must be given to the other
party pursuant to the Industrial Relations Act 1996. The proposed change
or innovation will not be implemented by CSNSW until the matter has been
referred to and dealt with by the Industrial Relations Commission.
5.6.5 There is no
expectation that matters which are clearly within the prerogative of management
will be decided by that Commission nor that it would substitute its view for
that of management but, it is anticipated that the Industrial Relations
Commission could consider taking action where the issue clearly called for its
involvement.
5.6.6 CSNSW reserves
the right to implement a change before completion of the agreed procedures if
there be special circumstances which make the postponement of the change
unreasonable.
5.6.7 No party will be
prejudiced as to the final settlement by action in conformity with the agreed
procedures.
5.7 While the agreed
procedures are being pursued, work will proceed without interruption and in
accordance with the instructions of the General Manager/Governor.
5.8 Nothing in the agreed
procedures is intended to limit the right of any party from at any stage
referring the matter pursuant to the Industrial Relations Act 1996.
6. Safety and Security
6.1 The policy of
the Association is that no officer will be required to work in a role which is
unsafe but, it does not support any reliance upon a pretext of safety to
justify a refusal of duty where no real personal risk is involved. Accordingly, notwithstanding the agreed
procedures, the Association upholds the right of Correctional Officers to vary
the procedures where the safety of officers genuinely arises.
6.2 The nature of
the occupation of Correctional Officers is such that there is a constant risk
of an attack upon a Correctional Officer by an inmate and CSNSW accepts its obligation
to take proper precautions to ensure the safety at work of its officers. However, it claims the right ultimately to
decide the arrangements which are appropriate for ensuring the safety of the
officers and it regards the running of each workplace in the most efficient
manner and the staffing of posts on a day-by-day basis is to be the
responsibility of the General Manager but consistent with CSNSW’s policy that a
"sight or sound" principle be observed in maximum security (A
category) correctional centres. It is recognised that there will be genuine
differences of opinion on questions of the safety of officers and the staffing
of posts. A resolution of any of these
differences is to be sought by a proper consideration of all aspects of the
issue.
6.3 No officer is to
leave an armed post or agreed security post unstaffed until relieved by another
officer or by another person authorised by the General Manager who will arrange
such relief within the period which has previously been agreed with the sub-branch
Executive.
Schedule B - MEMORANDUM OF UNDERSTANDING FOR CORRECTIONAL
OFFICERS, DEPARTMENT OF COMMUNITIES AND JUSTICE- CORRECTIVE SERVICES NSW
This Memorandum of Understanding:
(i) Regulates the
conditions of service of Correctional Officers, as defined in the Crown
Employees (Correctional Officers, Department of Communities and Justice-
Corrective Services NSW) Award, other than those conditions of service
reflected in the aforementioned Award.
(ii) Is
complementary to the Award and covers issues excluded, in whole or part, from
the Award, but that still pertain to certain aspects of conditions of
employment.
(iii) Reflects the
agreed position between the Division Head or delegate and the General Secretary
of the Public Service Association of NSW.
(iv) Provides a
framework for consultation between CSNSW and the Association to monitor
progress on issues and changes.
Intent - The parties acknowledge that the Award and
Memorandum of Understanding have been entered into on the basis of a shared commitment
to the achievement of a progressive and professional correctional management
within CSNSW. In this pursuit, the Award and Memorandum of Understanding
consolidate existing conditions of service and introduce changes to some of the
terms and conditions of service of Correctional Officers in order to increase
productivity and flexibility and to enhance the professional development of
these officers.
Key Initiatives of the Award and Memorandum of
Understanding
The Award and the Memorandum of Understanding are based
on the following key initiatives:
a continued commitment to Area and Case Management and
the development of a professional correctional service;
to introduce an incidental allowance for Correctional
Officers to compensate for additional responsibilities;
to provide appropriate training and career development
opportunities for Correctional Officers;
introduction of cyclic rostering subject to a successful
trial and subsequent agreement between the parties;
cessation of entitlement to rations;
contracting out of the purchasing function of the
inmate buy ups;
to introduce a performance management system;
reduction in the number of roles as agreed by the
parties;
restructuring of roles within Corrective Services
Industries covered by this Award;
joint participation in the Custodial Workplace
Committee (CWC) to undertake a review to promote work safety, staff welfare,
mental and physical health promotion and support;
to encourage the orderly and amicable settling of
differences;
to promote a workplace that is free from prejudice,
discrimination and harassment.
The parties agree to the following provisions applying
during the term of the Award or until varied by agreement between the parties:
1. Family Day
CSNSW agrees to continue to allow officers to attend,
on one occasion per year, the family day arranged by CSNSW. Due to the requirement to maintain service to
the correctional centres a family day is arranged twice a year. An officer’s attendance at family day is at
CSNSW’s convenience.
2. Skills and Career
Development
(i) It is the aim
of the parties that Correctional Officers must be provided with the maximum
opportunities for training and development such that they will form a highly
skilled and committed workforce, enjoying maximum job satisfaction. An integral
part of this process will be consultation with the Association and individual
officers. Correctional Officers recognise that their individual career
development is a joint responsibility, shared between the officer and CSNSW.
(ii) CSNSW agrees to
set up a joint working party to review the training requirements of all
Correctional Officers.
(iii) Correctional
Officers will move between tasks and functions within a correctional centre or
work location and within their appointed rank in order to develop their skills
and/or to apply such skills to meet the aims and objectives of CSNSW.
(iv) Correctional
Officers, by mutual agreement, will move between tasks and functions within
their appointed rank in order to develop their skills and/or to apply such
skills to meet the aims and objectives of CSNSW, provided that in moving these
officers between tasks and functions CSNSW, the Association and POVB will have
regard to the career development needs of individuals; the efficient
organisation of work; and personal, family and geographic considerations.
(v) Processes will
be adopted to facilitate the skills enhancement and career development
opportunities of Correctional Officers, whilst improving the effectiveness of
CSNSW. Without limiting the development of further initiatives, the following
processes must be utilised:
temporary filling of vacant roles;
job rotation;
transfers;
secondment;
provision of training relevant to the needs of the
individual and the requirements of CSNSW.
(vi) Subclauses (i) -
(v) do not replace the authority of the Division Head or their delegate to
exercise discretion to invoke transfers in accordance with the movement of
staff within and between public sector agencies provisions of the Government Sector Employment Act 2013 to
meet CSNSW staffing requirements.
3. Transfers
(i) Requests for
transfers on compassionate grounds are at the expense of the officer.
(ii) Other requests
for transfers will be in accordance with CSNSW Assignment to Ongoing Custodial
Officer Policy.
(iii) Transfers at
the rank of Senior Correctional Officer will be by consultation between the
parties.
(iv) Subclauses
(i)-(iii) do not replace the authority of the Division Head’s or their delegate
to exercise discretion to invoke transfers in accordance with the movement of
staff within and between public sector agencies provisions of the Government Sector Employment Act 2013 to meet CSNSW staffing requirements.
4. Consultative
Mechanisms
The parties are prepared to discuss all matters raised
which are designed to increase flexibility and enhance the smooth running of
CSNSW’s operations. A consultative committee will be established consisting of
management, Association and POVB representatives. This committee will meet on a
regular basis to discuss any matter relevant to the operation of this Award or
Memorandum of Understanding or any other matter considered relevant to the
maintenance and improvement of employee relations between the parties during
the terms of this Award and Memorandum of Understanding, and thereafter.
5. Meal Allowances
Meal monies - generally
(i) Correctional
Officers are not generally entitled to payment of meal monies other than for
the exceptions listed in subclause (iii) – (vii)
(ii) Correctional
Officers employed in the following units within Security and Intelligence-
Court Escort and Security Unit (CESU), Security Operations Group (SOG), K9 Unit
– have areas of responsibility and when operating within those areas they are
considered to be performing normal duties. Officers are required as part of
their normal duties to travel to other locations and are supplied with a CSNSW
vehicle to undertake the travel. In the case of the K9 unit, officers are
supplied with a CSNSW vehicle to ensure that they are able to respond directly
from their residences. Meal allowances are generally not payable other than for
the exceptions listed in subclauses (iii) to (vii)
(iii) An allowance at the rate equivalent to the Dinner rate for
overtime under the Conditions Award is payable to officers working double
shifts.
(iv) An allowance at the rate equivalent to the
Breakfast rate for overtime under the Conditions Award is payable to officers
who:
(a) are called for
duty and commence on overtime at least one hour before their rostered start
time; and,
(b) who are required
to commence this overtime at or before 6:00am.
(v) An allowance at
the rate equivalent to the Dinner rate for overtime under the Conditions Award
is payable to officers:
(a) who are
required to work at least 1.5 hours of overtime;
(b) whose overtime
commences at the end of their rostered shift;
(c) whose overtime
commences at or before 6:00pm; and
(d) whose overtime
concludes at or after 6:00pm. Inability to take a meal break between the 3rd
and 5th hour -
(vi) A Member of
Staff performing Authorised External Escorts who is unable to take a twenty
(20) minute paid crib break away from the supervision of inmates between the
third and fifth hour from the commencement of a shift will be paid an allowance
– called a Crib Break Penalty:
(a) For “A” watch
an amount equivalent to the rate for lunch money for overtime under the “Crown
Employees (Public Service Conditions of Employment) Award 2009 or its
replacement.
(b) For “C” watch an
amount equivalent to the rate for dinner money for overtime under the Crown
Employees (Public Service Conditions of Employment)” Award 2009 or its
replacement
(c) For “B” watch
an amount equivalent to the rate for breakfast money for overtime under the
Crown Employees (Public Services Conditions of Employment) Award 2009 or its
replacement
For the purposes of this clause:
“Authorised External Escort” includes but is not
limited to medical/hospital escorts, funeral escorts, officer’s escorts and
Court Escort and Security Unit (CESU) officers. It does not include escorting
and/or supervising inmates or offenders on Mobile Outreach Programs, Community
Partnership Programs or in a community setting.
“Member of Staff” means a person employed in ongoing,
temporary or casual employment as defined in the Government Sector Employment Act 2013.
(vii) The Crib Break
Penalty set out in subclause (vi) above is in lieu of overtime.
6. Operational
Agreements
That the parties will develop an Operational Agreement or
equivalent, at each correctional centre or each relevant workplace.
NOTE: The Memorandum of Understanding was made on 19
February 1998 and published with the Crown Employees (Prison Officers,
Department of Corrective Services) Award on 5 March 1999 (308 IG 557).
SCHEDULE C – SAFE STAFFING
LEVEL
1 Safe Staffing Levels
(a) Each correctional centre operated by
CSNSW will have a management plan identifying safe procedures for the operation
of the centre.
(b) Each such management plan will include:
(i) the staff establishment, maximum inmate
number and classification;
(ii) the inmate number and classification by
wing/unit/pod (and any other operational area) and the post structure for that
wing/unit/pod (and any other operational area).
(c) Variations to paragraph 3(b)(ii) above
are subject to local consultation if temporary.
(d) Permanent variations to management plans
will be the subject of consultation as required by Schedule A of the Crown
Employees (Correctional Officers, Department of Communities and Justice-
Corrective Services NSW) Award ("the Agreed Procedures").
(e) Any dispute arising out of consultation
concerning temporary or permanent variations to management plans will be
resolved under the Agreed Procedures.
(f) The parties acknowledge that there is no
intention to staff wings/units/pods that are empty.
NOTE: This schedule
was implemented on 4 February 2022 and rescinds the Crown Employees (Safe
Staffing Levels Department of Justice – Correctives Services NSW) Award (C9133)
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar