Crown Employees (Custodial Executive Rank Officer - 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. 167238 of 2021)

 

 

REVIEWED AWARD

 

Part A

 

1.  Arrangement

 

Clause No.        Subject Matter

 

1.        Arrangement

2.        Title

3.        Definitions

4.        Conditions Fixed by other Instruments of Employment

5.        Principles of Understanding

6.        Hours of Work

7.        Public Holidays

8.        Rostered Day Off

9.        Additional Hours

10.      Ranking Structure

11.      Annualised Salary Package and Allowances

12.      Leave Entitlements

13.      Recreation Leave

14.      Annual Leave Loading

15.      Allowance for Temporary Assignment

16.      Performance Agreement

17.      Motor Vehicles

18.      Permanent Part-time

19.      Professional Conduct

20.      Equality of Employment and Elimination of Discrimination

21.      Harassment Free Workplace

22.      Anti-Discrimination

23.      Work Health and Safety

24.      Flexible Working and Operational Arrangements

25.      Deduction of Association Membership Fees

26.      Grievance and Dispute Resolution Procedures

27.      No Further Claims

28.      General

29.      Savings of Rights

30.      Area, Incidence and Duration

 

PART B

 

Schedule 1 - Annualised Salary Package

Schedule 2 - Other Allowances

2.  Title

 

This Award will be known as the Crown Employees (Custodial Executive Rank Officer - 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.

 

"Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

"Award" means this Award.

 

"Division Head" means the Secretary of the Department of Communities and Justice.

 

"Conditions Award" means the Crown Employees (Public Service Conditions of Employment) Award 2009 as varied, or its replacement.

 

"Corrective Services (CSNSW)" means a division within the Department of Communities and Justice.

 

"Deputy Superintendent" means a commissioned officer occupying a role at the rank of Deputy Superintendent which is not attached to a Correctional Centre.

 

" General Manager/Governor" means a commissioned officer occupying a role at the rank of General Manager/Governor in charge of Correctional Centres or other custodial operations, other than Mid North Coast, John Morony, Dillwynia or Wellington, or other positions designated by the Division Head.

 

"Manager Security" means a commissioned officer occupying a role at the rank of Manager Security with the responsibility of managing the security of a Correctional Centre, other than Mid North Coast, John Morony, Dillwynia or Wellington, or other role designated by the Division Head.

 

"Officer" means and includes all persons (as defined by the Act) employed on an ongoing, temporary or casual basis , who is assigned to a role within CSNSW pursuant to the provisions of the Act, at the rank of General Manager, Superintendent, Manager Security or Deputy Superintendent and who is occupying one of the role covered by this Award at its operative date, or is appointed to or employed in one of these role after that date.

 

"Permanent Part-time Officer" means an Officer who is engaged under the Act for set and regular hours that are less than the full contract hours of this Award.

 

"Personnel Handbook" means the Public Service Industrial Relations Guide published by the Industrial Relations Secretary, as updated from time to time.

 

"Regulation" means the Government Sector Employment Regulations 2014.

 

"Superintendent" means a commissioned officer who is occupying a role at the rank of Superintendent which is not attached to a Correctional Centre.

 

4.  Conditions Fixed by Other Instruments of Employment

 

4.1      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) Reviewed Award 2009 published 10 March 2006 (357 IG 1108) with the exception of clauses: 10, 11, 12, 13, 14, 20, 21, 24, 35, 36, 39, 46, 47, 48, 49, 54, 55 and 91 - 107 inclusive.

 

·     Crown Employees (Transferred Employees Compensation) Award

 

4.2      Except as expressly provided by this Award, and except where conditions are covered by the Awards referred to in subclause 4.1 of this clause, the conditions of officers will be determined by the provisions of the Act, the Regulation and Personnel Handbook.

 

5.  Principles of Understanding

 

5.1      The parties acknowledge that the former Crown Employees (General Managers, Superintendents, Managers Security and Deputy Superintendents, Department of Corrective Services) Award 2005, published 22 July 2005 (352 I.G. 602) was entered into on the basis of a mutual commitment to operate cost efficient and commercially competitive Correctional Centre administration based on modern correctional practices and the initiatives contained in the "Way Forward" Reform package. In meeting this commitment, the Award provides the terms and conditions of employment for officers which are aimed at increasing productivity and flexibility in the conduct of CSNSW’s operations.

 

5.2      The parties agreed to the introduction of an annualised salary package which includes all incidents of employment except as otherwise expressly contained in this Award.

 

5.3      The parties agreed to implement changes to rostering practices and procedures through the promulgation of a twelve-week roster comprising three roster cycles, with the preparation of rosters to be undertaken by the Operations Scheduling Unit under the control of the Division Head.

 

6.  Hours of Work

 

6.1      The ordinary hours of work for officers under this Award will be an average of 38 hours per week to be worked Monday to Sunday inclusive.

 

7.  Public Holidays

 

7.1      Officers engaged under this Award and who are regularly required to perform rostered duty on Sundays and Public Holidays will receive the following compensation and are subject to the following conditions:

 

7.1.1   When rostered off on a public holiday - no additional compensation or payment.

 

7.1.2   When rostered on a public holiday and work performed - no additional payment.

 

7.1.3   Additional payment on the following basis:

 

Number of ordinary shifts worked on Sundays and/or public holidays during a qualifying period of twelve (12) months from 1st December one year to 30th November the next year	Additional Payment
4 to 10	1/5th of one week’s ordinary salary
11 to 17	2/5ths of one week’s ordinary salary
18 to 24	3/5ths of one week’s ordinary salary
25 to 31	4/5ths of one week’s ordinary salary
32 or more	One week’s ordinary salary

 

7.2      The additional payment will be made after the 1st December in each year for the preceding twelve months, provided that:

 

7.2.1   Where employment of an officer is terminated or the officer resigns or retires, the officer will be entitled to be paid the additional payment that may have accrued under paragraph 7.1.3 of this clause from the preceding 1st December until the date of termination, resignation or retirement.

 

7.2.2   Payment will be made at the rate applying as at 1st December each year, or at the date of termination, resignation or retirement.

 

7.3      Officers who are directed to work on the Public Service Holiday as determined by the Division Head within the Christmas/New Year period, are, in lieu of work on this day, entitled to be absent from duty on one of the two days preceding the New Year's Day Public Holiday.

 

8.  Rostered Day Off

 

8.1      The hours of work prescribed in subclause 6.1 of clause 6, Hours of Work, will be worked on the basis of one rostered day off per month 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 8.3 and 8.4 of this clause.

 

8.2      An officer’s rostered day off will be determined by CSNSW having regard to the needs of the establishment or sections thereof. Where practicable, a rostered day off will be consecutive with other days off. The rostered day off will be shown as a crossed day off on the roster.

 

8.3      Once set, the rostered day off may not be changed in a current 28-day roster cycle without agreement between the officer and his/her supervisor.  Where the rostered day off is changed by agreement, another day is to be substituted in the current roster cycle. Should this not be practicable the rostered day off must be given and taken in the next roster cycle.

 

8.4      The maximum number of rostered days off prescribed in subclause 8.1 of this clause will be twelve days per annum. There will be no accrual towards a rostered day off during the first four weeks of recreation leave.

 

8.5      All other paid leave will contribute towards the accrual of a rostered day off except where paid workers compensation or 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.

 

8.6      As an alternative to the provisions contained in the above subclauses, officers may elect to receive payment in lieu of rostered days off.

 

9.  Additional Hours

 

9.1      No payment for additional hours to the ordinary hours of employment is to be paid to officers under this Award. The only exception is in cases of emergency.

 

9.2      Officers who are recalled to duty on account of an emergency will be entitled to the payment of overtime for all time worked in excess of the first two hours on each occasion.

 

9.3      After the initial two hours have been worked, then any subsequent work undertaken on account of an emergency will be compensated at the rate of time and one-half for the first two hours and at the rate of double time thereafter, Monday to Sunday inclusive.  The rate of payment for this work will be the maximum rate for Clerk, Grade 8 plus one dollar.

 

9.4      For the purposes of this Award, emergencies are situations such as riot, fire, or hostage. Payment for hours worked in relation to any such incidents must be submitted for the approval of the officer’s supervisor.

 

10.  Ranking Structure

 

10.1    The following ranking structure will apply:

 

General Manager / Governor (commissioned officer)

 

Superintendent (commissioned officer)

 

Manager Security (commissioned officer)

 

Deputy Superintendent (commissioned officer)

 

10.2    Vacancies at these ranks will be advertised externally and internally within CSNSW, in accordance with the Act and filled by way of merit selection.  This will not apply to roles which can be suitably filled by way of internal transfer, redeployment, rotation, secondments or temporary appointment with the approval of the Division Head.

 

10.3    Officers successful in gaining appointment to roles covered by this Award will be offered a placement in a location for a period of up to three years in recognition that the nature of CSNSW’s operation may require their transfer to another location or roles at the same rank from time to time. Officers will have the opportunity to discuss any transfer of this nature with the Division Head prior to a transfer being affected under this subclause.

 

10.4    The Division Head reserves the right to transfer officers in accordance with the movement of staff within and between public sector agencies provisions of the Act, if such action is considered to be in the best interests of CSNSW.

 

10.5    Transfer costs, where applicable, will be made in accordance with the provisions of the Crown Employees (Transferred Employees Compensation) Award 2009 or its replacement.

 

11.  Annualised Salary Package and Allowances

 

11.1    The annualised salaries payable in this Award are as shown in Part B, Schedule 1, and will include all hours of work and incidents of employment except as otherwise expressly contained in this Award.

 

11.2    Hosiery Allowance: An allowance will be paid to female officers to compensate for the purchase of hosiery (which is not provided as part of the standard issue of clothing) as shown in Part B, Schedule 2, Other Allowances.

 

11.3    Meal Allowances: Officers covered by this Award are not entitled to meal allowances. This includes work undertaken in accordance with the provisions of subclauses 9.2, 9.3 and 9.4 of clause 9, Additional Hours, of this Award. Actual expenses for meals and accommodation may be claimed in accordance with the meal expenses for one-day journeys and travelling compensation provisions of the Conditions Award when travelling on official business, with the rates prescribed to be used as an indicative upper limit.

 

11.4    Incidental Allowance: The annualised salary package contained in Part B, Schedule 1, Annualised Salary Package, of this Award, incorporates an Incidental Allowance

 

11.5    Salary Packaging, including Salary Sacrifice: An employee may elect, subject to the agreement of the CSNSW, to enter into a Salary Packaging Arrangement in accordance with the salary packaging provisions of the Crown Employees (Public Sector - Salaries 2021) Award or its replacement.

 

12.  Leave Entitlements

 

12.1    All leave (sick, recreation etc.) except for extended leave will be granted and administered in accordance with the relevant provisions of the Conditions Award.

 

12.2    Extended leave entitlements will be granted and administered in accordance with Schedule 1 of the Regulation.

 

12.3    All leave will be debited in actual time, replacing the system of debiting multiples of 1/4 days.

 

13.  Recreation Leave

 

13.1    In accordance with the Recreation Leave provisions of the Conditions Award, officers under this Award will be entitled to recreation leave of 20 working days paid leave per year.  Additional recreation leave on full pay accrues to officers indefinitely stationed in a remote area at the rate of 5 working days per year.

 

13.2    At least two consecutive weeks of recreation leave will be taken every 12 months, as specified in the Conditions Award, except by written agreement with the Division Head in special circumstances.

 

13.3    Permanent part-time officers will be entitled to pro rata recreation leave calculated in accordance with the proportion of full time officers' hours they work.

 

14.  Annual Leave Loading

 

14.1    Annual Leave loading payable to officers under this Award will be paid and administered in accordance with the provisions of the Annual Leave Loading clause in the Conditions Award.

 

15.  Allowance for Temporary Assignment

 

15.1    Subject to this clause, an officer who is required to perform duties in a higher roles from time to time will, provided the officer performs the whole of the duties and assumes the whole of the responsibilities of the higher roles be paid an allowance at the difference between the officer’s present salary and the salary prescribed for the higher roles

 

15.2    This allowance for temporary assignment will not be paid unless the officer has performed the duties of the higher roles for five complete and consecutive working days or more.

 

16.  Performance Agreement

 

16.1    All officers will enter into a performance agreement with CSNSW.

 

16.2    Officers who have not met the targets in a performance agreement may be counselled by the Division Head with the aim of developing a detailed developmental program to enable the officer to satisfactorily participate in planning of workplace performance and self-development.

 

16.3    The parties recognise that the Division Head, as part of a developmental program, may transfer an officer. The purpose of such a transfer is to assist an officer in his or her work performance and self-development and will be arranged in consultation with the officer.

 

17.  Motor Vehicles

 

17.1    Officers occupying roles under this Award may sublease vehicles from CSNSW in accordance with the arrangements in place for officers employed within the Senior Executive Service as contained in Premier’s Directions in force at the time of the making of this Award and any variations made to these provisions thereafter. These arrangements are contained in Department of Communities and Justice Use of Motor Vehicle Policy

 

17.2    Officers who do not elect to sublease a vehicle under subclause 17.1 of this clause and who are required to undertake on-call duties may have access to a pool vehicle for the performance of those CSNSW duties. Use of a pool vehicle under this subclause must be subject to the approval of the officer’s supervisor.

 

 

18.  Permanent Part-Time

 

18.1    CSNSW is committed to providing permanent part-time work opportunities where practicable. Such arrangements should provide flexibility for effective use of resources and be of benefit to staff.

 

18.2    Part-time work arrangements must be acceptable to both CSNSW and the officer and will be in accordance with the provisions of the Industrial Relations Act 1996 and the Flexible Work Practices Policy and Guidelines issues by the then Public Employment Office in October 1995.

 

19.  Professional Conduct

 

19.1    Corporate Plan: Officers will be committed to personal conduct and service delivery in accordance with the principles, mission and corporate objectives expressed in the CSNSW Corporate Plan.

 

19.2    Officers will perform their duties diligently, impartially and conscientiously to the best of their ability by complying with the Department of Communities and Justice Code of Ethics and Conduct Policy in the performance of their duties. All officers will be professional in their conduct with the public, other staff members and inmates.

 

19.3    Dress Manual: Officers will comply with the requirements of the CSNSW Dress Manual, will ensure their dress and grooming is of the highest standard and will wear and display CSNSW’s name tags. Officers are responsible for ensuring that all staff under their supervision comply with the CSNSW Dress Manual.

 

19.4    Officers will have a thorough knowledge of and practice of the management of Case Management Principles, as defined by CSNSW’s policy and procedures, and will diligently perform the duties required to implement them. All officers will participate in the oversight and implementation of Case Management.?

 

20.  Equality of Employment and Elimination of Discrimination

 

20.1    The parties are committed to providing a work environment which promotes the achievement of equality and elimination of discrimination in employment.

 

21.  Harassment Free Workplace

 

21.1    CSNSW is committed to ensuring that officers work in an environment free of harassment. Harassing behaviour is unacceptable and disruptive to the well-being of individuals and workplace productivity.

 

21.2    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 and unpleasant.

 

21.3    Harassment on any grounds including, but not limited to, sex, race, marital status, physical impairment, sexual preference, HIV/AIDS or age will not be condoned by CSNSW or the Association.

 

21.4    Officers at all levels 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.

 

21.5    All officers are required to refrain from perpetuating, or being party to, any form of harassment.

 

21.6    This clause does not create legal rights or obligations in addition to those imposed upon the parties by the relevant legislation.

 

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 an obligation 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 victimize an officer because the officer 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:

 

22.4.1 Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

22.4.2 Offering or providing junior rates of pay to persons under 21 years of age;

 

22.4.3 Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

22.4.4 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 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."

 

23.  Work Health and Safety

 

23.1    At all times officers are to comply with the Work Health and Safety Act 2011 and associated Regulations.

 

23.2    The parties are committed to maintaining an accident-free and healthy workplace through:

 

23.2.1 Implementation of appropriate health and safety procedures.

 

23.2.2 Appropriate management and risk assessment practices.

 

23.2.3 The active and constructive involvement of all officers in promoting improvements to occupational health, safety and officer welfare.

 

23.2.4 Management and officer participation on Health and Safety Committees.

 

23.3    This clause does not create legal rights or obligations in addition to those imposed upon the parties by the Work Health Safety Act 2011 and associated Regulations.

 

24.  Flexible Working and Operational Arrangements

 

24.1    The parties to this Award are committed to introducing greater flexibility in working arrangements, wherever practicable.  This includes part-time work, job sharing, part-time leave without pay, career break scheme, part year employment and variable leave employment as contained in the Flexible Work Practices Policy and Guidelines issued by the then Public Employment Office in October 1995.

 

24.2    Community Consultative Committee: A Community Consultative Committee will be established at each correctional centre. This committee will meet on a regular basis and will comprise representatives from all appropriate groups. General Managers are responsible for ensuring the Community Consultative Communities meet and operate within CSNSW guidelines.

 

24.3    Union Consultative: A Union Consultative will be established at each correctional centre covered by this Award to provide advice regarding the operation and routines of each correctional centre. Elected representatives of the Vocational Branches of the Association as appropriate and representatives from Community Offender Services will be allocated roles on Local Management Boards.

 

24.4    All officers occupying roles under this Award will be on-call as required by their supervising officer and will be able to respond to unanticipated circumstances in a prompt and reliable manner. An on-call allowance will not be paid.

 

24.5    General Managers will regularly inspect the correctional centres and workplaces under their responsibility. It is expected that each location will be visited twice per month or more often if required by the officer’s supervisor. All shifts operating at each location will be included regularly as part of the inspection. Reports of these inspections will be submitted to senior management as part of the monthly reporting requirements as contained in CSNSW’s policy and procedures.

 

24.6    General Managers and Managers Security may be required to be on duty at the Correctional Centre on two weekends per month and will have weekdays off as part of the annualised salary package.  These days off must be in accordance with operational requirements and must be approved by the officer’s supervisor.

 

24.7    Directed duties: The parties recognise that the nature of the correctional environment may present emergent situations or that unforeseen circumstances may alter the usual operation of a correctional centre on a short-term basis. In these circumstances, an officer may be directed to carry out such duties as are reasonably within the limits of the officer's skill, competence and training.

 

24.8    Any direction made pursuant to this clause must be consistent with security requirements, as assessed by the General Manager or most senior officer available at that time, and CSNSW's obligation to provide a safe and healthy work environment.

 

25.  Deduction of Association Membership Fees

 

25.1    The Association will provide CSNSW with a schedule setting out the Association’s fortnightly membership fees payable by members of the Association in accordance with the Association rules.

 

25.2    The Association will advise CSNSW of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of the Association fortnightly membership fees payable will be provided to CSNSW at least 28 days in advance of the variation taking effect.

 

25.3    Subject to subclauses 25.1 and 25.2 of this clause CSNSW will deduct the Association’s fortnightly membership fees from the salary of any officer who is an Association member in accordance with the Association’s rules, provided the officer has authorised CSNSW to make such deduction.

 

25.4    Monies so deducted from the officer’s salary will be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to officers’ membership accounts.

 

25.5    Unless other arrangements are agreed to by CSNSW and the Association, all Association membership fees will be deducted by CSNSW on a fortnightly basis.

 

26.  Grievance and Dispute Resolution Procedures

 

26.1    The aim of this procedure is to ensure that industrial and officer grievances or disputes are prevented, or resolved as quickly as possible, at the lowest level in the workplace.

 

26.2    Grievances will be handled in accordance with the CSNSW’s Grievance Management Policy and Guidelines.  A grievance may be defined as:

 

A statement or approach by an officer to a supervisor on a work related problem, concern or complaint which may relate to:

(a)       harassment and/or discrimination on the basis of sex, race, marital status, disability, sexual preference or age; or

 

(b)      interpersonal conflict at work, including supervisor, officer and co-worker conflicts; or

 

(c)       unfair allocation of development opportunities; or

 

(d)      lack of communication of work-related information; or

 

(e)       a difficulty concerning the interpretation or application of a CSNSW’s policy or procedure.

 

26.3    Where a matter does not fall within the definition of a grievance it will be regarded as a dispute.  A dispute may be defined as:

 

An issue in relation to any matter contemplated by this Award and related to its application, operation or interpretation.

 

26.4    The parties to this Award are committed to following the steps set out below and will continue to work normally as these procedures are being followed.  No party will be prejudiced as to final settlement by the continuance of work in accordance with these procedures.

 

26.5    A dispute must be dealt with in accordance with the following procedures:

 

Step 1: The dispute is discussed between the officer(s) and the relevant supervisor. If the dispute remains unresolved, follow Step 2.

 

Step 2: The dispute is discussed between the officer(s), the Association’s delegate or officer's nominated representative and the supervisor. If the dispute remains unresolved follow Step 3.

 

Step 3: The dispute is discussed between the next higher level of management and representatives from Industrial Relations, and the Association delegate and/or an Association official or officer's nominated representative. If the dispute remains unresolved, follow Step 4.

 

Step 4: The dispute is discussed between the most senior representatives of CSNSW and the relevant Association officials and/or officer's nominated representative.  If the dispute remains unresolved, follow Step 5.

 

Step 5: The dispute is discussed with the Division Head and the relevant Association officials and/or officer’s nominated representative.

 

The parties agree to exhaust the conciliation process before considering Step 6. The parties agree not to deliberately frustrate or delay these procedures.

 

Step 6: The dispute may be referred by either party to the Industrial Relations Commission to exercise its functions under the Industrial Relations Act 1996, provided the dispute is not a claim for general increases in salary or conditions of employment contained in this Award.

 

26.6    Each of the steps will be followed within a reasonable time frame having regard for the nature of the dispute.

 

26.7    While the parties are attempting to resolve the grievance/dispute, the parties must continue to work in accordance with this Award and their contract of employment unless the staff member has a reasonable concern about an imminent risk to his or her safety.  Subject to the Work Health and Safety Act 2011, even if the staff member has a reasonable concern about an imminent risk to his or her health or safety, the staff member must not unreasonably fail to comply with a direction from management to perform other available work, whether at the same correctional centre or another workplace, that is safe and appropriate for the staff member to perform.

 

 

27.  No Further Claims

 

27.1    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 the officers covered by this Award.

 

28.  General

 

28.1    Nothing in this Award will be construed as restricting the Division Head to alter the duties of any roles or to abolish any roles covered by this Award.

 

29.  Savings of Rights

 

29.1    Should there be a variation to the Crown Employees (Public Sector – Salaries 2021) Award or its replacement, during the term of this Award, by way of a general salary increase, this Award will be varied to give effect to any such increase.

 

30.  Area, Incidence and Duration

 

31.1    This Award will apply to all officers as defined in clause 10, Ranking Structure, of this Award.

 

31.2    This award is made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (General Managers, Superintendents, Manager Security and Deputy Superintendents, Department of Justice – Corrective Services NSW) Award 2009 published 17 August 2012 (374 I.G. 34).

 

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 5 October 2021.

 

31.3    The award remains in force until varied or rescinded the period for which it was made having already expired.

 

Part B

 

SCHEDULE 1

 

Annualised Salary Package

 

1.1      Annualised Salary

 

Rank	Annualised Salary from the first full pay period on or after 1 July 2021
	$
General Manager/Governor	203,122
Superintendent	186,378
Manager Security	171,361
Deputy Superintendent	159,639

 

1.2      The above salaries are annualised. All incidents of employment except as otherwise expressly contained in this Award are included within the annualised salary.

 

SCHEDULE 2

 

Other Allowances

 

2.1

Hosiery

$240.00 per annum

Subclause 11.2

 

 

 

D. SLOAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.