Crown Employees (Senior Assistant Superintendents
and Assistant Superintendents, 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. 179311 of 2021)
|
Before Commissioner Sloan
|
7 October 2022
|
REVIEWED
AWARD
Part A
1. Arrangement
Clause No. Subject Matter
PART A
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. Permanent
Part-time
18. Professional
Conduct
19. Equality of
Employment and Elimination of Discrimination
20. Harassment
Free Workplace
21. Anti-Discrimination
22. Work Health
and Safety
23. Flexible
Working and Operational Arrangements
24. Deduction
of Association Membership Fees
25. Grievance
and Dispute Resolution Procedures
26. No Further
Claims
27. Savings of
Rights
28. Area,
Incidence and Duration
PART B
Schedule 1 - Annualised Salary Package
Schedule 2 - Other Allowances
2. Title
This Award is to be known as the Crown Employees (Senior
Assistant Superintendents and Assistant Superintendents, 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.
"Assistant Superintendent" means a commissioned
officer occupying a role at the rank of Assistant Superintendent.
"Award" means this Award.
"Division Head" means the Secretary of the
Department of Communities and Justice as listed in Column 2 of Schedule 1 of
the Act.
"Conditions Award" means the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 as varied or its
replacement.
"Corrective Services NSW (CSNSW)" means a division
within the Department of Communities and Justice, as specified in Schedule 1 of
the Act.
"General Manager/Governor" means a commissioned
officer occupying a role at the rank of General Manager in charge of
Correctional Centres or other positions so designated by the Division Head or
delegate.
"Manager Business Unit" means a commissioned
officer occupying a role of Manager Business Unit within Corrective Services
Industries.
"Manager Centre Services and Employment" means a
commissioned officer occupying a role of Manager Centre Services and Employment
within Corrective Services Industries.
"Manager of Industries Levels 1 and 2" means a
commissioned officer occupying a role of Manager of Industries Level 1 or Level
2 within Corrective Services Industries.
"Manager Security" means a commissioned officer
occupying a role of Manager Security.
"Officer" means all persons employed on an
ongoing, temporary or casual basis (as defined by the Act), in a role within
CSNSW pursuant to the provisions of the Act, of: Senior Assistant
Superintendent, Assistant Superintendent, Manager of Industries Levels 1 and 2,
Manager Centre Services and Employment, Manager Business Unit, Regional
Business Manager and Operations Manager and who are occupying one of the role
covered by this Award at its operative date, or are appointed to or employed in
one of these positions after that date.
"Operations Manager" means a commissioned officer
occupying a role of Operations Manager within Corrective Services Industries.
"Permanent Part-time Officer" means an officer who
is engaged under the Act for set and regular hours that are less than the full 38 hour week contained in this Award.
"Personnel Handbook" means the Public Service
Industrial Relations Guide published by the Industrial Relations Secretary, as
updated from time to time.
"Regional Business Manager" means a commissioned
officer occupying a role of Regional Business Manager within Corrective
Services Industries.
"Regulation" means Government Sector Employment
Regulation 2014.
"Senior Assistant Superintendent" means a
commissioned officer occupying a role at the rank of Senior Assistant
Superintendent.
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:
4.1.1 Crown Employees
(Public Service Conditions of Employment) Award 2009 or its replacement.
4.1.2 Crown Employees
(Transferred Employees Compensation) Award or its replacement.
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
employment for officers will be determined by the provisions of the Act, the Regulation and the Personnel Handbook.
5. Principles of
Understanding
5.1 The parties
acknowledge that the former Crown Employees (Senior Assistant Superintendents
and Assistant Superintendents, Department of Corrective Services) Award 2005,
published 10 March 2006 (357 I.G. 1068) 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 the Department’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 or delegate.
5.4 The parties
acknowledge that the changes to rostering practices and the annualisation
of salaries are not intended to disadvantage officers engaged under this Award.
6. Hours of Work
6.1 The ordinary full time hours of work for officers on a 5 day working
arrangement employed under this Award will be an average of 38 hours per week,
to be worked Monday to Friday inclusive. In exceptional circumstances work can
be undertaken outside of Monday to Friday by agreement with the officer and
his/her supervisor.
6.2 The ordinary full time hours of work for officers on a 7 day or 5 of 7
day working arrangement employed under this Award will be an average of 38
hours per week over a 28 day period, to be worked Monday to Sunday inclusive.
6.3 Weekend work for
7 day and 5 of 7 day workers are to be equitably
distributed over a 12 month period and displayed on the 28 day roster. Such 5 of 7 or 7 day
workers will not be rostered for work for more than an average of 2 weekends
per 19 day roster period worked.
6.4 Officers will
have the opportunity to swap shifts as agreed by their Manager Security or
officer in charge.
6.5 Officers may,
with the approval of the Operations Scheduling Unit, request to vary the 12 week roster as promulgated, in liaison with the Manager
Security of the Correctional Centre.
7. Public Holidays
7.1 Officers engaged
under this Award and who regularly perform rostered duty on Sundays and Public
Holidays are to receive the following compensation and are subject to the
following conditions:
7.2 When rostered
off on a public holiday - no additional compensation or payment.
7.3 When rostered on
a public holiday and work performed - no additional payment.
7.4 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
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2/5ths of one
week’s ordinary salary
|
|
18 to 24
|
3/5ths of one
week’s ordinary salary
|
|
25 to 31
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4/5ths of one
week’s ordinary salary
|
|
32 or more
|
One week’s ordinary
salary
|
7.5 The additional
payment is to be made after the 1st December in each
year for the preceding twelve months, provided that:
7.5.1 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
subclause 7.4 of this clause from the preceding 1st December until the date of
termination, resignation or retirement.
7.5.2 Payment will be
made at the rate applying as at 1st December each
year, or at the date of termination, resignation or retirement.
7.6 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 Years'
Day Public Holiday.
8. Rostered Day Off
8.1 The hours of
work prescribed in subclauses 6.1 and 6.2 of clause 6, Hours of Work are to 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. 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. When the rostered day off is changed by mutual
agreement, another day is to 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.
8.4 The maximum
number of rostered days off prescribed in subclause 8.1 of this clause is to be
12 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 is to contribute towards the accrual of a rostered day off except where
paid workers compensation and extended leave are current throughout the roster
cycle. Where an officers 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:
8.6.1 payment in lieu
of rostered days off; and/or
8.6.2 payment in lieu
of recreation leave accrued above 4 weeks per annum up to a maximum of 10 days
on an annual basis. Officers entitled to make this election must be 5 of 7 or 7 day workers.
This additional payment will be made on the first pay
period after 1st December each year.
9. Additional Hours
9.1 No payment for
additional hours to the ordinary hours of work will be paid to officers under
this Award. The only exception is in cases of emergency.
9.2 Officers who are
authorised by the General Manager for operational purposes to remain on duty
for a period in excess of 15 minutes beyond a standard 8 hour
shift are entitled to time off in lieu on the basis of an hour off for each
additional hour worked. This is outlined in the Procedures for the Management
of Time Off in Lieu, Senior Assistant Superintendents and Assistant
Superintendents issued 24 January 2006.
9.3 Time off in lieu
will be granted at a mutually agreeable time between the officer and the General
Manager but must account for the operational needs of the workplace and is to
be taken within 28 days from the date of when the additional hours were
performed.
9.4 Should it not be
possible for this time off in lieu referred to in subclause 9.3 of this clause
to be granted within 28 days of the date of when the additional hours were
performed then time off in lieu is to be taken within the next 28 day period.
9.5 Should it not be
possible for the time off in lieu to be taken within the time frames nominated
in subclauses 9.3 and 9.4 of this clause, the additional hours will be paid at
the rate of single time for all hours worked.
9.6 The Manager
Security is responsible to the General Manager to ensure that all time off in
lieu is administered in accordance with subclauses 9.3 to 9.5 of this clause
and with the Procedures referred to in subclause 9.2 of this clause.
9.7 Officers who are
recalled to duty on account of an emergency will be entitled to the payment of
overtime for all time worked. A minimum of 3 hours is to be paid for each
recall to duty on account of an emergency.
9.8 Work undertaken
on account of an emergency outside of ordinary hours of work 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 Saturday inclusive; at the rate of
double time on Sunday; and at the rate of double time and one-half on a public
holiday. The rate of payment for this work will be the maximum rate for Clerk,
Grade 8 plus $1.
9.9 For the purposes
of this Award, emergency situations include but are not limited to situations
such as: riot, death in custody, fire or hostage.
Hours worked in relation to any such incidents must be submitted for the
approval of the officer’s Manager Security or General Manager.
9.10 The annualised
salary payable under this Award recognises that additional work time may be
involved in briefing incoming officers at the time of shift handover. There is
no additional payment for this work time.
10. Ranking Structure
10.1 The following
ranking structure applies:
Senior Assistant Superintendent (commissioned officer)
Assistant Superintendent (commissioned officer)
Operations Manager (commissioned officer)
Manager of Industries Levels 1 and 2 (commissioned
officer)
Manager Centre Services and Employment (commissioned
officer)
Manager Business Unit (commissioned officer)
10.2 The Division Head
or delegate 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.
10.3 Wherever possible
transfers between locations or positions covered by this Award will be agreed
between the officer and the Division Head or delegate. Such agreement does not apply to transfers
which are directed as a result of disciplinary or
performance issues or where there is a rotation between positions at the same
rank in the same Correctional Centre or Correctional Complex as defined in the Crimes (Administration of Sentences) Act
1999. Nothing in this subclause diminishes the right of the Division Head or
delegate to direct transfers in accordance with the Act.
11. Annualised Salary
Package and Allowances
11.1 The annualised
salaries payable in this Award are as shown in Part B, Schedule 1, and includes
all incidents of employment, including an Incidental Allowance, except as
otherwise expressly contained in this Award.
11.2 Hosiery
Allowance: An allowance is to 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 except when
work is being performed in accordance with the provisions of subclauses 9.6 to
9.8 of clause 9, Additional Hours, of this award. In such circumstances, a meal
allowance will be paid in accordance with Item 19 of Table 1 - Allowances of
Part B, Monetary Rates, of the Conditions Award as follows:
11.3.1 The rate
equivalent to the Dinner rate when working a double
shift;
11.3.2 The rate
equivalent to the Breakfast rate when called in one
hour prior to the rostered shift start time and this work commences prior to
6.00am;
11.3.3 The rate
equivalent to the Dinner rate when work continues a
minimum of 1½ hours beyond the rostered finish time and continues beyond 6.00
pm.
11.3.4 Actual expenses
for meals when travelling on official business may be claimed in accordance
with the meal expenses for one-day journeys and travelling compensation
provisions of the Conditions Award.
11.4 Salary Packaging,
including Salary Sacrifice: An employee may elect, subject to the agreement of
CSNSW, to enter into a Salary Packaging Arrangement in
accordance with the provisions of the salary packaging provisions of the Crown
Employees (Public Sector - Salaries 2021) Award, or any variation or
replacement award.
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 Regulations.
12.3 All leave will be
debited in actual time, replacing the system of debiting multiplies of 1/4
days.
13. Recreation Leave
13.1 Officers under
this Award engaged as 5 day workers, Monday to Friday,
are entitled to recreation leave in accordance with the provisions of the
Recreation Leave clause of the Conditions Award that is, four weeks paid leave
for each completed year of service.
13.2 Officers under
this Award engaged as 5 of 7 or 7 day workers and who
are regularly required to perform rostered duty on Sundays and Public Holidays will
receive, in addition to four weeks recreation leave in subclause 12.1 of this
clause, an additional two weeks recreation leave.
13.3 Limits on
accumulation and direction to take recreation leave will be in accordance with
the Recreation Leave clause of the Conditions Award.
13.4 At least two
consecutive weeks of recreation leave are to be taken every 12 months, as
specified by in the Recreation Leave clause of the Conditions Award except by
written agreement with the Division Head or delegate in special circumstances.
13.5 Permanent part-time
officers are 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 is payable to officers under this Award. It will be paid in accordance
with the provisions of the Annual Leave Loading clause of 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 role covered
by this Award from time to time (provided the officer performs the whole of the
duties and assumes the whole of the responsibilities of the higher role) will
be paid an allowance at the difference between the officer’s present salary and
the salary prescribed for the higher position covered by this Award.
15.2 This allowance
for temporary assignment is to be paid on a daily basis.
15.3 A Senior
Assistant Superintendent or Assistant Superintendent who is required to perform
duties and exercise delegations of a higher role under the Crown Employees
(General Managers, Superintendents, Managers Security and Deputy
Superintendents, Department of Communities and Justice - Corrective Services
NSW) Award are to be paid a higher duties allowance to the higher role on a daily basis when such work is performed.
16. Performance
Agreement
16.1 All officers must
enter into a performance agreement with CSNSW.
16.2 Performance
agreements will be reviewed every 12 months by the General Manager. Officers
who have not met the targets in a performance agreement will be counselled by
the General Manager with the aim of developing a detailed developmental program
to enable the officer to satisfactorily participate in planning of workplace
performance and self-development. An appeal may be made to the Division Head or
delegate should an officer disagree with a review.
16.3 The parties
recognise that the Division Head or delegate, 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. Permanent
Part-Time
17.1 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.
17.2 Part-time work
arrangements will be acceptable to both CSNSW and the officer. Any arrangement 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.
18. Professional
Conduct
18.1 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’s Corporate Plan.
18.2 Conduct of
duties: Officers are to perform their duties diligently, impartially
and conscientiously to the best of their ability by complying with Department
of Communities and Justice Code of Ethical Conduct in the performance of their
duties. All officers will be professional in their conduct with the public,
other staff and inmates.
18.3 Dress-Manual:
Officers must comply with the requirements of CSNSW’s Dress-Manual. Officers
are to ensure their dress and grooming is of the highest standard and is to be worn
displaying CSNSW name tags. Officers are responsible for ensuring that all staff
under their supervision comply with CSNSW’s Dress-Manual.
18.4 Case Management:
Officers must have a thorough knowledge of and practice of the management of
Case Management Principles, as defined by departmental policy and procedures,
and will diligently perform the duties required to implement them. All officers
are to participate in the oversight and implementation of Case Management.
19. Equality of
Employment and Elimination of Discrimination
19.1 The parties are
committed to providing a work environment which promotes the achievement of
equality and elimination of discrimination in employment.
20. Harassment Free
Workplace
20.1 CSNSW is
committed to ensuring that officers work in an environment free of harassment.
Harassment is any repeated uninvited or unwelcome behaviour directed at another
person. Harassing behaviour is unacceptable and disruptive to the well-being of
individuals and workplace productivity.
20.2 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.
20.3 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.
20.4 Officers at all
levels will 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.
20.5 All officers are
required to refrain from perpetuating, or being party to, any form of
harassment.
20.6 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the relevant legislation.
21.
Anti-Discrimination
21.1 It is the
intention of the parties bound by this Award to seek to achieve the objective
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.
21.2 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.
21.3 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.
21.4 Nothing in this
clause is to be taken to affect:
21.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
21.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
21.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
21.4.4 A party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
21.5 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.
22. Work Health and
Safety
22.1 At all times
officers must comply with the Work Health
and Safety Act 2011 and associated Regulations.
22.2 The parties are
committed to maintaining an accident-free and healthy workplace through:
22.2.1 Implementation
of appropriate health and safety procedures;
22.2.2 Appropriate
management and risk assessment practices;
22.2.3 The
active and constructive involvement of all officers in promoting improvements
to occupational health, safety and officer welfare;
22.2.4 Management
and officer participation on Health and Safety Committees.
22.3 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the Work Health and Safety Act
2011 and associated Regulations.
23. Flexible Working
and Operational Arrangements
23.1 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 issues by the then Public Employment Office in
October 1995.
23.2 Community
Consultative Committee: A Community Consultative Committee will be established
at each correctional centre. This committee is to meet on a regular basis and will
comprise representatives from all appropriate groups.
23.3 Union
Consultative: A Union Consultative will be established at each correctional
centre covered by this Award. This forum is to provide advice regarding the
operation and routines of each correctional centre. Elected representatives of
the Vocational Branches of the Association, including the Commissioned Officers
Vocational Branch where represented, and representatives from Community
Offender Services are to be allocated positions on Local Management Boards.
23.4 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.
23.5 Any direction
made pursuant to this clause will be consistent with the Centre's 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.
24. Deduction of
Association Membership Fees
24.1 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.
24.2 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 must be provided to CSNSW at least 28 days in advance
of the variation taking effect.
24.3 Subject to
subclauses 24.1 and 24.2 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.
24.4 Monies so
deducted from the officer’s salary are to be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to officer’s membership accounts.
24.5 Unless other
arrangements are agreed to by CSNSW and the Association, all Association
membership fees will be deducted by CSNSW on a fortnightly basis.
25. Grievance and
Dispute Resolution Procedures
25.1 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.
25.2 Grievances will
be handled in accordance with 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 CSNSW’s policy or procedure.
25.3 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.
25.4 The parties to
this Award are committed to following the steps set out below and must 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.
25.5 A dispute will 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.
Step 6: The matter may be referred by either party to
the Industrial Relations Commission to exercise its functions under the NSW Industrial Relations Act 1996, provided
the matter is not a claim for general increases in salary or conditions of
employment contained in this Award.
Each of the steps will be followed within a reasonable
time frame having regard for the nature of the grievance or dispute.
26. No Further Claims
26.1 Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014, there shall 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 2016 by a party to this Award
27. Savings of Rights
27.1 Should there be a
variation to the Crown Employees (Public Sector Salaries - 2021) Award, or to
an award replacing it, 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.
28. Area, Incidence
and Duration
29.1 This Award applies
to all officers as defined in clause 10, Ranking Structure, of this Award.
29.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Senior Assistant Superintendents and
Assistant Superintendents, Department of Justice - Corrective Services NSW)
Award 2009 published 15 May 2020 (388 I.G. 234),
as varied.
29.3 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 7 October 2021.
29.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
29.5 Changes made to
this award subsequent to it first being published on
28 August 2009 (368 I.G. 1508) have been incorporated into this award as part
of the review.
Part B
Schedule 1 - Annualised Salary Package
1.1 Remuneration:
Commissioned Correctional Officers
|
Title
|
Annualised
Salary from the first full pay period on or after1 July 2021
|
|
|
$
|
|
Senior Assistant Superintendent
7 day or any 5/7 days
|
132,401
|
|
Assistant Superintendent
7 day or any 5/7 days
|
123,933
|
|
Senior Assistant Superintendent 5 day
|
125,159
|
|
Assistant Superintendent 5 day
|
116,889
|
1.2 Remuneration:
Commissioned Industries Officers
|
Title
|
Annualised Salary
from the first full pay period on or after 1 July 2021
|
|
|
$
|
|
Regional Business
|
Yr
1
|
140,607
|
|
Manager 5 day
|
Yr
2
|
144,220
|
|
|
Yr
3
|
150,411
|
|
|
Yr
4
|
155,969
|
|
Operations Manager
|
149,628
|
|
Manager of Industries Level 1 - 5
day
|
1138,067
|
|
Manager of Industries Level 2 -
Any 5 of 7 days
|
138,647
|
|
Manager Centre Services&
Employment Manager of Industries level 2 5 day
|
131,407
|
|
Manager Business Unit any 5/7days
|
132,401
|
|
Manager Business Unit 5 day
|
125,159
|
1.3 The salaries in subclause 1.1 and 1.2 above 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.