Crown Employees (NSW Police Force Communications
Officers) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 194431 of 2021)
|
Before Commissioner Sloan
|
20 September 2021
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. No Extra
Claims
3. Definitions
4. Salaries
5. Appointments
6. Transitional
Arrangements
7. Hours
8. Shift Rosters
9. Flexible
Rosters
10. Car Parking
- Sydney Police Centre Only
11. Provision
of Taxis
12. Part-time
Employment
13. Special
Operations
14. Recreation
Leave
15. Notice of
Absence
16. Training
and Development
17. Introduction
of New Technology
18. Introduction
of Change
19. Disputes/Grievance
Settlement Procedure
20. Communications
Officers Consultative Committee
21. Deduction
of Union Membership Fees
22. Anti-Discrimination
23. Secure
Employment
24. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
2. No Extra Claims
2.1 Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014, there
may be no further claims/demands or proceedings instituted before the NSW
Industrial Relations Commission for extra or reduced wages, salaries, rates of
pay, allowances or conditions of employment with respect to the Employees
covered by the Award that take effect prior to 30 June 2020 by a party to this
Award.
2.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or
enforcement of existing award provisions.
3. Definitions
3.1 "Officer"
unless otherwise specified, means and includes all
persons employed by the NSW Police Force who, as of 1 January 1999, were
occupying a position of Communications Officer, Senior Communications Officer,
Shift Co-ordinator and Radio and Communications Operator (as defined) or who,
after that date, were appointed to such a position.
3.2 "Commissioner"
means the Commissioner of Police in New South Wales or any person acting in
such position from time to time.
3.3 "NSW Police
Force" or "the Force" means the NSW Police Force established by
the Police Act 1990.
3.4 "Communications
Officer" means all officers employed at dedicated communications centres
including those located at Sydney, Newcastle, Oak Flats, Tamworth
and Penrith, who provide telephone, radio and other communications services.
3.5 "Senior
Communications Officer" means any Communications Officer in receipt of (at
least) the fourth year increment of Communications
Officer and who has been selected and appointed to a vacant position of Senior
Communications Officer in accordance with the provisions of subclause 5.6 of
clause 5, Appointments, of this award.
3.6 "Shift
Co-ordinator" means a person who has been selected and appointed to a
position of Shift Co-ordinator.
3.7 "Trainee"
refers to those persons undergoing appropriate training leading to confirmation
of appointment as a Communications Officer.
3.8 "Radio and
Communications Operator" means those persons who, at
1 January 1999, were classified as Radio and Communications Operators under the
provisions of the Crown Employees (Police Service of New South Wales Radio and
Communications Operators) Award published 14 June 1996 (293 I.G. 233) and who
do not meet the competency requirements for progression to Communications
Officer fourth and fifth year.
3.9 "Association"
means the Public Service Association and Professional Officers' Association
Amalgamated Union of New South Wales.
3.10 "Service"
means continuous service. Future
appointees will be deemed to have the years of service indicated by the rates
of pay at which they are appointed.
4. Salaries
4.1 The salaries
under this award are payable to staff members appointed to or performing the
duties of any of the positions or classifications listed in Table 1 - Salaries,
of Part B, Monetary Rates, of this award.
4.2 The salaries
payable are prescribed in Table 1 - Salaries
4.3 The salaries in
this award are set in accordance with the Crown Employees (Public Sector -
Salaries 2021) Award or any variation or any replacement award.
4.4 Any other
allowance applying to classifications in Table 1 which is normally moved in
accordance with salary increases is to be adjusted in line with the salary
increases.
5. Appointments
5.1 Officers and
persons applying for positions as Communications Officers will be required to
successfully complete a Communications Officer training course. The length and content of the training course
will be as determined from time to time by the Commissioner or delegate. Alternatively, an officer may be appointed
directly to the position of Communications Officer without having to complete a
Communications Officer training course or may only be required to complete an
abridged training course. In such cases
the Commissioner or delegate must be satisfied that it is not necessary for an
officer to complete the full Communications Officer’s training course, having
regard to the officer’s prior experience, knowledge
and skills.
5.2 Officers and
persons appointed as Trainee Communications Officers will be paid the Trainee’s
salary rate, as set out in Table 1 - Salaries, of Part B, Monetary Rates, until
such time as they successfully complete the required Communications Officer
training course. The maximum period allowed
for the completion of the training course will be three months unless the
Commissioner or delegate is satisfied that, due to unforeseen circumstances, an
extension of the training period beyond three months is justified. Provided that officers formerly classified
as:
(a) members within the
terms of the Police Act 1990; and/or
(b) officers within
the terms of the Government Sector
Employment Act 2013; and/or
(c) persons with appropriate
communications experience, will receive the salary recommended by any selection
panel and agreed to by the Commissioner or his/her delegate until such time as
they successfully complete the required Communications Officer’s training
course for the period and under the conditions described earlier in this
subclause. Provided further that where
officers referred to in paragraphs (a), (b) and (c) of this subclause were
formerly in receipt of a salary which is less than the Trainee’s salary rate, then
those officers will receive the Trainee’s salary rate for the period and under
the conditions described earlier in this subclause.
5.3 Officers and
persons selected for a position of Communications Officer and who complete the
required Communications Officer course, and thus are eligible for actual
appointment to such a position, will upon such appointment progress to the
first year of the Communications Officer salary scale. Provided that officers and persons covered
under paragraphs (a), (b) and (c) of subclause 5.2 will be permitted to
incrementally progress to the next increment under the Communications Officer
salary scale at the completion of 12 months service, provided they satisfy any
such other criteria for such progression.
5.4 For the purpose
of incremental progression the increment date for officers in receipt of the
Trainee rate of pay will be the date of progression from the position of
Trainee to a position as a Communications Officer.
5.5 Incremental
progression through each classification covered by this award will be subject
to the completion of 12 months service on the previous increment and the
Commissioner or delegate being satisfied as to the conduct and service of the
officer. Provided that further incremental progression from Communications
Officer third year to Communications Officer fourth year will be subject to the
officer:
(a) participating
in the competency based training of newly appointed
Trainees and Communications Officers; and
(b) participating in
any training required for personal professional development and for the
training of newly appointed Trainees and Communications Officers; and
(c) being prepared
to relieve in Senior Communications Officer positions as required; and
(d) having completed
a minimum of two years' service as a Communications Officer; and
(e) satisfying the
Commissioner or his/her delegate that the value of the work performed, the
results achieved and the manner in which the duties
are performed warrant such progression.
5.6 Appointment of
persons to a position of Senior Communications Officer will be subject to the
occurrence of a vacancy and selection under the principles of merit based promotion.
Persons eligible for appointment as a Senior Communications Officer will
be limited to:
(a) Communications
Officers who have at least attained the fourth year
increment and have completed the Senior Communications Officer training course;
or
(b) Officers
employed under the Police Act 1990 or
the Government Sector Employment Act 2013
who, in the opinion of the Commissioner or his/her delegate, possess skills and
qualifications equivalent to those in paragraph (a) of this subclause.
5.7 Promotion to
Shift Co-ordinator will be by way of merit selection on the occurrence of a
vacancy.
6. Transitional
Arrangements
The following transitional arrangements will apply to
officers employed as Radio and Communications Operators under the provisions of
the former Crown Employees (Police Service of New South Wales Radio and
Communications Operators) Award as at 1 January 1999.
6.1 Officers
classified as Radio and Communications Operators first to third year will be
reclassified as Communications Officers.
6.2 The officers
referred to in subclause 6.1 of this clause will retain the same increment
level and date in the new salary/classification scale.
6.3 Officers
classified as Radio and Communications Operators fourth and fifth year will be
reclassified as Communications Officers provided they
meet the competency requirements for progression to Communications Officer
fourth and fifth year as prescribed by subclause 5.5 of clause 5, Appointments.
6.4 The officers
referred to in subclause 6.3 will retain the same increment date and level in
the new salary/classification scale.
6.5 Officers
classified as Radio and Communications Operators who do not meet the
competencies required for progression to Communications Officer fourth and
fifth year will be entitled to receive the salaries, and progress
incrementally, in accordance with the salaries prescribed for Radio and
Communications Operator in Table 1 - Salaries, of Part B, Monetary Rates, of
this award.
6.6 Where officers
referred to in subclause 6.5 of this clause subsequently attain the
competencies required for progression to Communications Officer fourth and
fifth year, they will be reclassified in accordance with the provisions of
subclauses 6.3 and 6.4. For the purpose of this
subclause the date of reclassification will be the date of attainment of the
requisite competencies, as certified by the Commissioner or his/her delegate.
7. Hours
Hours of work will be an average of 35 per week.
8. Shift Rosters
Except as provided in clause 9, Flexible Rosters, shifts
will generally be of eight hours duration (seven hours duty plus one hour meal
break). Where agreement is reached
between the relevant Commander and officers at a particular location the meal
break may be reduced from one hour to a minimum of 30 minutes. Subject to proper consultation, the starting
and finishing times of shifts and the method of shift rostering may be varied.
9. Flexible Rosters
9.1 Notwithstanding
clause 8, Shift Rosters, the parties agree that where 65 per cent of officers
at a particular location and the relevant Centre Manager agree, flexible
rosters may be introduced. This may
involve changes to the current shift lengths, the starting and finishing times
of shifts and/or the current rosters.
9.2 The conditions
of flexible rostering will be as agreed between the parties, but will, to the
greatest extent possible, reflect the terms and conditions of the flexible
rostering provisions as applied to non-commissioned police officers.
9.3 Provided that shifts
will not be less than five hours duty or greater than 12 hours duty plus a meal
break.
9.4 Provided further
that there will be a minimum of eight hours free of duty between rostered
shifts. This requirement will not apply
on shift changeover days. However, on
such days the maximum break possible will be granted.
10. Car Parking -
Sydney Police Centre Only
Every effort will be made to provide car parking facilities
for officers commencing a rostered shift at or after 6.00 p.m. and before 11.00
p.m. and for employees finishing a rostered shift after 11.00 p.m. and before
6.00 a.m.
11. Provision of Taxis
11.1 Cabcharge dockets will be available to officers on the same
basis as outlined in clause 100, Provision of Transport in Conjunction with Working
of Overtime, of the Crown Employees (NSW Police Force Administrative Officers
and Temporary Employees) Award 2009.
11.2 Additionally, and
to facilitate the progressive build-up and/or reduction of staffing levels to
meet workload variations, officers whose rostered shifts commence after 11.00
p.m. and before 7.00 a.m. or whose rostered shifts finish after 11.00 p.m. and
before 7.00 a.m. may, where circumstances are such as to warrant such
provisions, be provided with a cab charge docket for the journey to or from
work and their usual residence.
11.3 Subject to their
direction of travel, two or more officers may be required to share a taxicab
when travelling to and/or from work.
11.4 The provision of
taxi transport is only to apply to shift workers who normally use public
transport for travel to and from work. Accordingly, at some locations where
public transport is not normally available, there will not be any scope for
taxi transport to be provided and officers will be fully responsible for transporting
themselves to and from work.
11.5 The parties
recognise that the purpose of the provision of taxi transport is to ensure the
safety of officers where public transport which is normally available for use
is either not available or is not reasonably available and to facilitate the
working of unusual shifts.
12. Part-Time
Employment
12.1 The parties agree
that permanent part-time work may be implemented under the guidelines issued by
the Secretary, Department of Premier and Cabinet.
12.2 The parties
further agree that part-time Communications Officers may be engaged on the
proviso that any officers so engaged are fully trained and accredited.
12.3 The employment of
existing full-time Communications Officers will not be prejudiced by the
employment of any part-time Communications Officer.
13. Special Operations
Communications Officers may be utilised on special
operations, mobile field radios, etc., as circumstances require.
14. Recreation Leave
As a general principle, recreation leave including
additional leave will be applied for in advance. Officers may apply in advance for leave of a
lesser period than a week. Such
applications may be approved at the discretion of the officer in charge.
15. Notice of Absence
15.1 The parties
recognise the inevitability of an officer’s occasional inability to attend for
duty at short notice. The parties recognise further that any such occurrence
will be beyond the control of the officer concerned.
15.2 In the interest
of efficiency and in recognition of the integrity of officers, as much notice
as possible will be given by officers of any inability to attend for duty,
consistent with clause 20, Notification of Absence from Duty, of the Crown
Employees (NSW Police Force Administrative Officers and Temporary Employees)
Award 2009.
16. Training and
Development
16.1 The NSW Police
Force will provide comprehensive training programs for Communications Officers
and for those occupying promotional positions.
16.2 All officers will
be actively encouraged to participate in other staff development courses to
enhance their own development and individual competencies.
17. Introduction of
New Technology
The parties agree to co-operate fully in the implementation
and/or trialling of new technology which may become available to facilitate the
work of Communications Officers.
18. Introduction of
Change
The parties agree to co-operate fully through the
Communications Officers’ Consultative Committee in the implementation and/or
trialling of change in respect of the employment or organisation of
Communications Officers with the objective of ensuring the most efficient, effective and productive use of resources.
19. Disputes/Grievance
Settlement Procedure
19.1 The resolution of
or settlement of disputes and/or individual grievances of officers arising
throughout the life of this award will be dealt with in the manner prescribed
below:
19.1.1 Where
a dispute/grievance arises at a particular work location, discussions including
the remedy sought should be held as soon as possible, and in any event within
two working days of such notification, between the officer(s) concerned and the
immediate supervising officer, or other appropriate officer in the case of a
grievance.
19.1.2 Failing
resolution of the issue, further discussions will take place as soon as
possible, and in any event within two working days of such failure, between the
individual officer(s) and at their request the local Association delegate or
workplace representative and the relevant Commander.
19.1.3 If the
dispute/grievance remains unresolved the officer(s) local delegate or workplace
representative or the relevant Commander may refer the matter to the Commander,
Communications & Security Command for discussion with the Association. Those discussions should take place as soon
as possible and in any event within two working days of such referral.
19.1.4 If the
dispute is not resolved at that stage the matter is to be referred to the NSW
Police Force, Workforce Relations & Reform Unit who will assume
responsibility for liaising with senior executive members of the Force and the
Association and advise of the final position of the Commissioner of Police,
including reasons for not implementing the remedy sought.
19.1.5 During
the process outlined above, the status quo will be maintained.
Where the grievance or dispute involves confidential or
other sensitive material (including issues of harassment or discrimination
under the Anti-Discrimination Act 1977)
that makes it impractical for the officer to advise their immediate supervising
officer the notification may occur to the next appropriate level of management,
including where required, to the Commissioner of Police or delegate.
The matter will only be referred to the Industrial
Relations Commission of New South Wales if -
(a) the final
decision of the Commissioner of Police does not resolve the dispute/grievance;
or
(b) the final
position of the Commissioner of Police is not given within five working days
from the date of referral of the matter to the Workforce Relations & Reform
Unit, or other agreed time frame.
19.1.6 At no
stage during a dispute that specifically relates to this award may any stoppage
of work occur or any form of ban or limitation be
imposed.
19.1.7 Safety
Issues - Procedure - In cases where a dispute is premised on an issue of
safety, consultation between the Association and the Workforce Relations &
Reform Unit should be expedited. The
status quo will remain until such matter is resolved.
19.1.8 General
- The whole concept of a dispute settlement procedure is to resolve disputation
at the level as close as possible to the source of disputation.
19.1.9 This
procedure has been adopted to promote full and open consultation at each step
of the process in an effort to promote and preserve
harmonious industrial relations.
19.1.10 Throughout
each stage parties involved should ensure that the relevant facts are clearly
identified and documented and that the procedures are followed promptly.
20. Communications Officers
Consultative Committee
20.1 It is intended
for the purpose of this award to establish a forum within which matters
concerning the formation of policy and procedures may be addressed.
20.2 The parties agree
that members of the Committee should include representatives from the
Communications & Security Command, Management from regional Radio
Operations Centres, a representative of the Association and up to four
delegates including two delegates from regional Radio Operations Centres.
20.3 This Committee
will meet on a needs basis within one week at the
request of either party, or other agreed time frame.
21. Deduction of Union
Membership Fees
21.1 The Association
will provide the employer with a schedule setting out Association fortnightly
membership fees payable by members of the Association in accordance with the
Association’s rules.
21.2 The Association
will advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation
to the schedule of Association fortnightly membership fees payable should be
provided to the employer at least one month in advance of the variation taking
effect.
21.3 Subject to
subclauses 21.1 and 21.2 above, the employer will deduct Association
fortnightly membership fees from the pay of any employee who is a member of the
Association in accordance with the Association’s rules, provided that the
employee has authorised the employer to make such deductions.
21.4 Monies so
deducted from the employee’s pay will be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees’ Association membership accounts.
21.5 Unless other
arrangements are agreed to by the employer and the Association, all Association
membership fees will be deducted on a fortnightly basis.
21.6 Where an employee
has already authorised the deduction of Association membership fees from his or
her pay prior to this clause taking effect, nothing in this clause will be read
as requiring the employee to make a fresh authorisation in
order for such deduction to continue.
22.
Anti-Discrimination
22.1 It is the intention
of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act 1996
to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
22.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
22.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
22.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
22.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ... any other act or practice
of a body established to propagate religion that conforms to the doctrines of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
23. Secure Employment
23.1 Work Health and
Safety
23.1.1 For the purposes
of this subclause, the following definitions will apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise
have been carried out by that other employer’s own employees.
23.1.2 Any employer which
engages a labour hire business and/or a contract business to perform work wholly
or partially on the employer’s premises will do the following (either directly,
or through the agency of the labour hire or contract business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
23.1.3 Nothing in this
subclause 23.1 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
23.2 Disputes
Regarding the Application of this Clause
23.2.1 Where a dispute
arises as to the application or implementation of this clause, the matter will
be dealt with pursuant to the disputes settlement
procedure of this award.
23.2.2 This clause has no
application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
24. Area, Incidence
and Duration
24.1 This award will
apply to Communications Officers employed by the NSW Police Force. Except where inconsistent with this award the
provisions of the Crown Employees (NSW Police Administrative Officers and
Temporary Employees Conditions of Employment) Award 2009 will apply.
24.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (NSW Police Force Communications
Officers) Award published 22 May 2020 (388 I.G. 702),
as varied.
24.3 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 20 September 2021.
24.4 Changes made to
this award subsequent to it being published on 21 May
2014 (344 I.G. 537) have been incorporated into this award as part of the
review.
24.5 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Effective from
the beginning of the first full pay period to commence on or after 1 July 2021.
|
Classification
|
Per Annum
|
|
|
$
|
|
Communications
Officer
|
|
|
Trainee
|
59,990
|
|
1st year
|
62,839
|
|
2nd year
|
66,298
|
|
3rd year
|
68,246
|
|
4th year
|
72,077
|
|
5th year
|
74,117
|
|
Senior
Communication Officer
|
|
|
1st year
|
78,736
|
|
2nd year
|
81,158
|
|
Shift
Co-ordinators
|
|
|
1st year
|
87,493
|
|
2nd year
|
90,253
|
|
3rd year
|
93,791
|
|
4th year
|
96,540
|
|
Radio and
Communications Operators
|
|
|
4th year
|
70,151
|
|
5th year
|
72,077
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.