Crown Employees (NSW Police Force Police Band) Award 2018

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(Case No. 101284 of 2021)

 

 

REVIEWED AWARD

 

PART A

 

Clause No.        Subject Matter

 

SECTION 1 - FRAMEWORK

 

1.        Title

2.        Definitions

3.        Disputes/Grievance Settlement Procedure

4.        Introduction of New Technology

5.        Introduction of Change

 

SECTION 2 - SALARIES

 

6.        Salaries

7.        Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

8.        Future Adjustments

 

SECTION 3 - ATTENDANCE/HOURS OF WORK

9.        Hours

10.      Flexible Rosters

11.      Meals

12.      Lactation Breaks

13.      Public Holidays

 

SECTION 4 - ALLOWANCES AND OVERTIME

 

14.      Higher Duties Allowance

15.      Doubling Allowance

16.      Shift Work Allowance

17.      Overtime

18.      Recall to Duty

19.      Penalty Provisions Not Cumulative

 

SECTION 5 - TRAVEL ARRANGEMENTS

 

20.      Travelling Time

21.      Travelling Allowance

22.      Travelling to Distant Work

 

 

 

SECTION 6 - LEAVE

 

23.      Leave - General Provisions

24.      Absence from Work

25.      Applying for Leave

26.      Recreation Leave

27.      Annual Leave Loading

28.      Additional Annual Leave

29.      Extended Leave

30.      Family and Community Service Leave

31.      Sick Leave

32.      Sick Leave - Requirements for Evidence of Illness

33.      Sick Leave to Care for a Family Member

34.      Sick leave - Workers Compensation

35.      Sick Leave - Claims other than Workers Compensation

36.      Parental Leave

37.      Military Leave

38.      Observance of Essential Religious or Cultural Obligations

39.      Special Leave

40.      Leave for Matters Arising from Domestic Violence

41.      Leave Without Pay

 

SECTION 7 - MISCELLANEOUS

 

42.      Trade Union Training Courses

43.      Deduction of Union Membership Fees

44.      Anti-Discrimination

45.      Progression

46.      Study Assistance

47.      Public Interest

48.      NSW Police Force Police Band Consultative Committee

49.      Secure Employment

50.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Other Rates and Allowances

 

PART A

 

SECTION 1 - FRAMEWORK

 

1.  Title

 

This award will be known as the Crown Employees (NSW Police Force Police Band) Award 2018.

 

2.  Definitions

 

(a)       "Officer" means and includes all persons employed as Musicians within the Police Band by the NSW Police Force who, as at 28 July 1997, were occupying one of such positions or who, after that date, are appointed to such a position.

 

(b)       "Commissioner" means the Commissioner of Police in New South Wales or any person acting in such position from time to time.

 

(c)       "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.

 

(d)       "Promotional position" means the positions of Senior Musician (Police Band).

 

(e)       "the Police Band" when used in the appropriate context may refer to all positions within the Police Band including promotional positions.

 

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

 

(g)       "Award" means the Crown Employees (NSW Police Force Police Band) Award 2018.

 

(h)       "Domestic Violence" means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.

 

3.  Disputes/Grievance Settlement Procedure

 

3.1      The resolution of or settlement of disputes and/or individual grievances of officers arising throughout the life of this award should be dealt with in the manner prescribed below:

 

3.1.1   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.

 

3.1.2   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 or delegate.

 

3.1.3   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 delegate or workplace representative and the Commander, NSW Police Force Band or nominee.

 

3.1.4   If the dispute/grievance remains unresolved the employee/s, local delegate or workplace representative or Commander, NSW Police Force Band may refer the matter to the Region Commander (or equivalent) for discussion between the Director or delegate and the Association. Those discussions should take place as soon as possible and in any event within two working days of such referral.

 

3.1.5   If the dispute is not resolved at that stage the matter is to be referred to the Workforce Relations and Reform Unit of the NSW Police Force who will assume responsibility for liaising with members of the Senior Executive Service of the NSW Police Force and the Association and advise of the final position of the Commissioner of Police, including reasons for not implementing the remedy sought if such is the case.

 

3.1.6   The matter will only be referred to the Industrial Relations Commission of NSW if:

 

(i)       The final decision of the Commissioner of Police does not resolve the dispute/grievance; or

 

(ii)      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 and Reform Unit, or other agreed time frame.

 

3.1.7   At no stage during a dispute that specifically relates to any industrial agreement in force may any stoppage of work occur or any form of ban or limitation be imposed.

 

3.1.8   In cases where a dispute is premised on an issue of safety, consultation between the Association and the Workforce Relations and Reform Unit should be expedited. The status quo should remain until such matter is resolved.

 

3.1.9   The whole concept of a dispute settlement procedure is to resolve disputation at the level as close as possible to the source of disputation.

 

3.1.10 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.

 

3.1.11 Throughout each stage parties involved should ensure that the relevant facts are clearly identified and documented.  Parties should also be committed to following the procedure with as much timeliness as possible.

 

4.  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 assist in the provision of band services.

 

5.  Introduction of Change

 

The parties agree to co-operate fully through the Police Band Consultative Committee in the implementation and/or trialling of change in respect of the employment or organisation of the Police Band with the objective of ensuring the most efficient, effective and productive use of resources.

 

SECTION 2 - SALARIES

 

6.  Salaries

 

An officer will, according to the position held and years of service, be paid an annual salary of not less than the amounts as set out in Table 1 - Salaries, of Part B, Monetary Rates.

 

7.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

7.1      The entitlement to salary package in accordance with this clause is available to all officers covered by this award.

 

7.2      For the purpose of this clause:

 

(a)       "salary" means the salary or rate of pay prescribed for the officer’s classification by clause 6, Salaries, or Part B of this Award, and any other payment that can be salary packaged in accordance with Australian taxation law.

 

(b)      "post compulsory deduction salary" means the amount of salary available to be packaged after payroll deductions required by legislation or order have been taken into account.  Such payroll deductions may include, but are not limited to, taxes, compulsory superannuation payments, HECS-HELP payments, child support payments, and judgement debtor/garnishee orders.

 

7.3      By mutual agreement with the Commissioner, an officer may elect to package a part or all of their post compulsory deduction salary in order to obtain:

 

(a)       a benefit or benefits selected from those approved by the Commissioner, and

(b)      an amount equal to the difference between the officer’s salary, and the amount specified by the Commissioner for the benefit provided to or in respect of the officer in accordance with such agreement.

 

7.4      An election to salary package must be made prior to the commencement of the period of service to which the earnings relate.

 

7.5      The agreement will be known as a Salary Packaging Agreement.

 

7.6      Except in accordance with subclause 7.7, a Salary Packaging Agreement will be recorded in writing and will be for a period of time as mutually agreed between the officer and the Commissioner at the time of signing the Salary Packaging Agreement.

 

7.7      Where an officer makes an election to sacrifice a part or all of their post compulsory deduction salary as additional employer superannuation contributions, the officer may elect to have the amount sacrificed:

 

(a)       paid into the superannuation fund established under the First State Superannuation Act 1992; or

 

(b)      where the employer is making compulsory employer superannuation contributions to another complying superannuation fund, paid into the same complying fund; or

 

(c)       subject to NSW Police Force agreement, paid into another complying superannuation fund.

 

7.8      Where the officer makes an election to salary sacrifice, the employer will pay the amount of post compulsory deduction salary, the subject of election, to the relevant superannuation fund.

 

7.9      Where the officer makes an election to salary package and where the officer is a member of a superannuation scheme established under the:

 

(a)       Police Regulation (Superannuation) Act 1906;

 

(b)      Superannuation Act 1916;

 

(c)       State Authorities Superannuation Act 1987; or

 

(d)      State Authorities Non-contributory Superannuation Act 1987,

 

the NSW Police Force must ensure that the officer’s superable salary for the purposes of the above Acts, as notified to the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement had not been entered into.

 

7.10    Where the officer makes an election to salary package, and where the officer is a member of a superannuation fund other than a fund established legislation listed in subclause 7.9 of this clause, the NSW Police Force must continue to base contributions to that fund on the salary payable as if the Salary Packaging Agreement had not been entered into.  This clause applies even though the superannuation contributions made by the NSW Police Force may be in excess of superannuation guarantee requirements after the salary packaging is implemented.

 

7.11    Where the officer makes an election to salary package:

 

(a)       subject to Australian Taxation law, the amount of salary packaged will reduce the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

(a)       any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an officer is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to the officer’s rate of pay, will be calculated by reference to the rate which would have applied to the officer under clause 6, Salaries, or Part B, of this Award if the Salary Packaging Agreement had not been entered into.

 

7.12    The NSW Police Force may vary the range and type of benefits available from time to time following discussion with the Association.  Such variations will apply to any existing or future Salary Packaging Agreement from date of such variation.

 

7.13    The NSW Police Force will determine from time to time the value of the benefits provided following discussions with the Association.  Such variations will apply to any existing or future Salary Packaging Agreement from the date of such variation.  In this circumstance, the officer may elect to terminate the Salary Packaging Agreement.

 

8.  Future Adjustments

 

Should there be a variation to the Crown Employees (Public Sector - Salaries 2019) Award, or an award replacing it during the term of this award by way of salary increase, this award will be varied to give effect to any such salary increase, from the operative date of the variation of the former award or replacement award.

 

SECTION 3 - ATTENDANCE/HOURS OF WORK

 

9.  Hours

 

9.1      General

 

9.1.1   Except as provided in clause 10, Flexible Rosters, of this award, the ordinary hours of duty for officers will be an average of 38 per week or 76 per fortnight and will be worked from Sunday to Saturday inclusive.

 

The hourly rate for officers will be calculated on the basis of 1/38th.

 

9.1.2   Ordinary hours will not exceed 8 per day and will be worked continuously from starting time except as provided in clause 11, Meals, of this award. Officers may not be rostered to work broken shifts except in the public interest or on reasonable request by the Commander, NSW Police Force Band.

 

9.1.3   Rostered shifts of 8 hours may be arranged on the basis of 5 rostered shifts and 2 rest days in any period of a week or 10 rostered shifts and 4 rest days in any period of 2 weeks.  An officer's roster will be arranged, as far as practicable, to allow 1 rest day on each alternate Sunday with 2 rest days comprising 1 weekend in 4.

 

9.1.4   The parties agree that changes may be made in a roster in emergent circumstances with reasonable notice and in any event with notice of at least 24 hours.

 

9.2      38 Hour Week Operation

 

9.2.1   The hours of duty will be an average of 38 per week on the basis of accruing 1 day off per 20 day cycle to be taken as a block of days except where a rostered day off may be taken at the discretion of the Commissioner of Police.

 

9.2.2   The maximum accrual of days off will be 12 working days per annum on the basis of no accrual of the 13th day during the first 4 weeks of annual leave.  In order to meet NSW Police Force requirements and in the event of unforeseen circumstances arising, the day off may be deferred and taken at a suitable later time.

 

9.2.3   All paid ordinary working time and paid leave of absence goes towards the accrual of time for the rostered day off. However, where extended long service, sick leave or workers' compensation paid absences occur accrual only applies to the extent necessary to enable the rostered day off immediately following resumption to be allowed.

 

9.2.4   There will be mutual co-operation at all levels to ensure that the efficiency of the Band is maintained at the pre-existing standards without additional overtime being worked.

 

9.2.5   There will be no payment of higher duties allowances arising from the rostered day off. There will be no eligibility for sick leave when on rostered leave arising from the 38 hour week.

 

9.2.6   Wages and salaries will be paid into banking or other accounts.

 

9.2.7   All restrictive work practices are to be eliminated.

 

10.  Flexible Rosters

 

10.1    Notwithstanding clause 9, Hours, of this award the parties agree that where the majority of officers agree and the Commander, NSW Police Force Band agrees, a trial of a flexible roster system may be implemented.  Such a trial may be for a period of up to 6 months in the first instance, following which the parties may agree to the adoption of the flexible roster as an ongoing arrangement.

 

10.2    The conditions of any such trial will be in accordance with the Parameters for Flexible Rostering, Administrative Officers and Ministerial Employees, etc.

 

11.  Meals

 

11.1    An officer should be allowed an unbroken period of not less than 30 minutes in the aggregate each shift for meals.  Such time will not be counted as time worked.

 

11.2    An officer will not normally be required to work for more than 5 hours without a meal break.

 

11.3    An officer who actually incurs expense in purchasing a meal and has worked more than one half hour beyond the completion of a rostered shift is entitled to be compensated at the rates for the payment of meal allowances prescribed from time to time by the NSW Police Force.  Provided that where actual expenditure exceeds the rates prescribed an officer may be entitled to a refund of amounts actually and reasonably incurred upon production of receipts.

 

12.  Lactation Breaks

 

12.1    This clause applies to officers who are lactating mothers. A lactation break is provided for breastfeeding, expressing milk or other activity necessary to the act of breastfeeding or expressing milk and is in addition to any other rest period and meal break as provided for in this award.

 

12.2    A full time officer or a part time officer working more than 4 hours per day is entitled to a maximum of two paid lactation breaks of up to 30 minutes each per day.

 

12.3    A part time officer working 4 hours or less on any one day is entitled to only one paid lactation break of up to 30 minutes on any day so worked.

 

12.4    A flexible approach to lactation breaks can be taken by mutual agreement between an officer and their manager provided the total lactation break time entitlement is not exceeded.  When giving consideration to any such requests for flexibility, a manager needs to balance the operational requirements of the organisation with the lactating needs of the officer.

 

12.5    The Commissioner will provide access to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk.

 

12.6    Other suitable facilities, such as refrigeration and a sink, will be provided where practicable. Where it is not practicable to provide these facilities, discussions between the manager and officer will take place to attempt to identify reasonable alternative arrangements for the officer’s lactation needs.

 

12.7    Officers experiencing difficulties in effecting the transition from home-based breastfeeding to the workplace will have telephone access in paid time to a free breastfeeding consultative service, such as that provided by the Australian Breastfeeding Association’s Breastfeeding Helpline Service or the Public Health System.

 

12.8    Officers needing to leave the workplace during time normally required for duty to seek support or treatment in relation to breastfeeding and the transition to the workplace may utilise sick leave in accordance with clause 30, or access to flexible working hours provided in clauses 9, Hours, and 10, Flexible Rosters, of this award, where applicable.

 

13.  Public Holidays

 

13.1    An officer required to work on the days on which New Year's Day, Anniversary Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day are observed and special days appointed by proclamation as public holidays throughout the State, will be paid at the rate of time and one half (i.e., half time in addition to the ordinary rate).

 

13.2    An officer rostered to take a public holiday as a rest day who is subsequently required to work a shift on that public holiday and who is not notified of such change of rostered duty at least 24 hours before the commencement of the altered shift, will be paid for the performance of duty on that shift in lieu of being granted an alternate rest day at the overtime rate specified in subclause 17.3 of clause 17, Overtime.

 

13.3    For the purposes of this clause the ordinary rate excludes the 10% loading as defined in Table 1 - Salaries, of Part B, Monetary Rates.

 

SECTION 4 - ALLOWANCES AND OVERTIME

 

14.  Higher Duties Allowance

 

14.1    Officers who provide relief in positions which attract a higher rate of pay will receive payment of an allowance in compensation for the period of relief provided, subject to the following conditions:

 

14.1.1 the relieving officer performs all of the duties and assumes all of the responsibilities of the higher position.

 

14.1.2 the period of relief is not less than 5 consecutive working days in duration.

 

14.1.3 where an officer performing higher duties is required to work overtime, payment will be made at the higher rate.

 

14.1.4 the supervising officer will be responsible for substantiating that payment of the allowance is justified.

 

14.1.5 there will be no payment of higher duties allowances arising from the operation of the 38 hour week.

 

15.  Doubling Allowance

 

15.1    Officers required to "double" on any musical instrument will be paid an allowance per annum as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.  From 1 July 2008, the allowance will be adjusted in accordance with the percentage increase applying to salary rates.

 

15.2    The doubling allowance will be disregarded in computing the 10% loading prescribed in Table 1 - Salaries, of Part B, Monetary Rates, and payments for overtime worked.

 

16.  Shift Work Allowance

 

16.1    An officer who works the full shift of not less than 8 hours will be paid, in addition for each shift actually worked, a shift allowance as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

16.2    It is agreed that shift allowances will be subject to variation only to the extent of any variation in the same rate prescribed by the Crown Employees (Police Officers - 2017) Award from time to time.

17.  Overtime

 

17.1    Subject to subclause 18.2 of clause 18, Recall to Duty, the NSW Police Force may require an officer to work reasonable overtime at overtime rates.

 

17.2    An officer may refuse to work overtime in circumstances where the working of such overtime would result in the officer working hours which are unreasonable.  What is unreasonable or otherwise will be determined having regard to:

 

(i)       any risk to officer health and safety;

 

(ii)      the officer’s personal circumstances including any family responsibilities;

 

(iii)     the needs of the workplace or enterprise;

 

(iv)     the notice (if any) given by the Commander, NSW Police Force Band of the overtime and by the officer of his or her intention to refuse it; and

 

(v)      any other relevant matter.

 

17.3    All time worked outside the ordinary hours of work prescribed by clause 9, Hours, of this award, will be paid at the rate of time and one half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work. Provided that an officer who works overtime on a public holiday as prescribed in clause 13, Public Holidays, will be paid for such time at the rate of double time for the first two hours and double time and one half thereafter. Except as provided in this subclause, in computing overtime, each days' work should stand alone.

 

17.4    Overtime will be calculated to the nearest quarter hour provided that periods of less than a quarter hour will not be counted.

 

17.5    Overtime will be calculated on an hourly rate of pay of the annual salary.  In this regard the 10% loading is not part of annual salary and will not be taken into account when calculating payment of overtime.

 

17.6    Time spent travelling will not be calculated as overtime.

 

17.7    Approval to work overtime should be obtained from the Commander, NSW Police Force Band.

 

17.8    Where two or more periods of overtime are worked on one day, then only the time actually worked will count for the determination of the commencement of the payment of double time.

 

17.9    An officer may elect, subject to the convenience of the employer, to take time off in lieu of the payment of overtime.

 

18.  Recall to Duty

 

18.1    "Recall to duty" is the interference with the period of time off work between the arrival of an officer at home after the conclusion of one shift and the commencement of the next rostered shift caused by the necessity for an officer to perform duty.

 

A recall to duty commences when the officer commences duty (excluding travel from home) and terminates when the duty is completed (excluding travel to home) or the commencement of the next rostered shift whichever is the sooner.

 

18.2    An officer recalled to duty will be paid, subject to subclause 17.8 of clause 17, Overtime of this award, for the time worked on such recall to duty between normal rostered shifts a minimum of 3 hours at the overtime rate specified in subclause 17.3 for each time so recalled, except where such duty is continuous with the commencement of the next rostered shift.

 

18.3    An officer recalled to duty within 3 hours of the commencement of the next rostered shift will be paid at the appropriate overtime rate from the time of recall to the time of the commencement of such shift.

 

18.4    The minimum period for the payment of overtime worked specified in subclause 17.4 will not apply to entitlements under this clause.

 

18.5    An officer who performs the duty for which recalled within the minimum period of 3 hours should not be required to undertake any additional duty for the remainder of the 3 hour period.

 

18.6    An officer recalled to duty whose period of duty and travel to and from the place where the duty is performed exceeds 3 hours will, in addition to payment for the recall to duty, be compensated at the rate specified hereafter for travelling time in clause 20, for any period of travel exceeding 2 hours.

 

18.7    An officer recalled to duty during any period of annual or long service leave may elect to be re credited with a full day's leave for each day or part thereof involved in the recall to duty or to be paid a minimum of 8 hours at the rate of time and one half for each such day or part thereof.

 

18.8    Time worked in excess of 8 hours on any recall to duty during annual or long service leave will be compensated at the rate of double time.

 

18.9    Travelling time incurred in any recall to duty from annual or long service leave which exceed the minimum 8 hours granted under subclause 18.7 of this clause will be compensated at the rate of ordinary time.

 

18.10  An officer recalled to duty on a public holiday will be paid in accordance with subclause 18.2 of this clause.

 

19.  Penalty Provisions Not Cumulative

 

Where two or more penalty and/or overtime provisions could apply in a particular situation, NSW Police Force will pay only one of such provisions.  Where the provisions are not identical, the higher or highest, as the case may be, will apply.

 

SECTION 5 - TRAVEL ARRANGEMENTS

 

20.  Travelling Time

 

20.1    Travelling time will be compensated by the payment of ordinary time rates on an hour for hour basis up to a maximum of 8 hours in any period of 24 hours.

 

20.2    Travelling time will mean a period spent in the movement of an officer from one locality to another where the primary objective of the journey is the movement of that officer to the latter locality and no specific task other than travelling is directed in advance to be performed by such officer during that period.

 

Provided that travelling time will not apply in respect of:

 

20.2.1 Any period of travel during the rostered shift of an officer or any period during which overtime accrues.

 

20.2.2 Any period of travel between the home of an officer and place of attachment - provided further that when an officer is directed to perform duty at a location other than at the normal place of attachment, the travelling time to and from that locality which exceeds that taken in travelling between home and the place of attachment will be compensated in terms of subclause 20.1 of this clause.

 

20.2.3 Any period when an officer is travelling by train between the hours of 11 pm and 8 am when sleeping accommodation is provided.

 

20.2.4 Any period of travel by an officer recalled to duty in terms of subclause 18.1 of clause 18, Recall to Duty, of this award.  Provided that any officer so recalled to duty who resides at such a distance from the place to which recalled that the officer cannot reasonably travel from the place of residence, perform the duty for which recalled and return to the place of residence within the minimum of 3 hours will be paid at ordinary time rates for all time spent travelling in connection with such recall in excess of 2 hours.

 

20.2.5 Any period between arrival of an officer at the destination or a place en route to the destination where accommodation is provided and departure from the destination or the place en route for the purpose of travelling to the destination or returning to the place of residence or the normal place of attachment.

 

Provided further that on the day of arrival of an officer at the destination and on the day of departure from the destination for the journey to the place of residence or normal place of attachment the officer will be compensated in terms of subclause 20.1 of this clause for one third of the period:

 

(a)       Between the time of arrival and commencement of duty or rostered shift;

 

(b)       Between the time of completion of duty or rostered shift and time of departure.

 

20.2.6 For the purpose of this subclause, any period between the hours of 6 pm and 8 am during which an officer is provided with accommodation at the destination will be disregarded.

 

21.  Travelling Allowance

 

Travelling allowance provisions will be the same as those applying to non-commissioned police officers from time to time.

 

22.  Travelling to Distant Work

 

22.1    Where an officer performs duty at a place other than the normal place of attachment, the time taken travelling to and from such place in excess of normal travelling time between home and the place of attachment will be compensated by payment at the rate of ordinary time.

 

22.2    An officer so employed will be entitled to recover from the employer the cost of any fares in excess of those normally incurred in travelling between home and the place of attachment.

 

SECTION 6 - LEAVE

 

23.  Leave - General Provisions

 

23.1    The leave provisions contained in this Award apply to all staff members other than those to whom arrangements apply under another industrial instrument or under a local arrangement negotiated between the Commissioner and the Association.

 

23.2    Unless otherwise specified, part-time staff members will receive the paid leave provisions of this award on a pro rata basis, calculated according to the number of hours worked per week.

 

23.3    Unless otherwise specified in this award a temporary employee employed under Part 6A of the Police Act 1990 is eligible to take a period of approved leave during the current period of employment and may continue such leave during a subsequent period or periods of employment in the NSW Police Force Service, if such period or periods of employment commence immediately on termination of a previous period or periods of employment.

 

23.4    Where paid and unpaid leave is available to be granted in terms of this award, paid leave will be taken before unpaid leave.

 

24.  Absence from Work

 

24.1    A staff member must not be absent from work unless reasonable cause is shown.

 

24.2    If a staff member is to be absent from duty because of illness or other emergency, the staff member must notify or arrange for another person to notify the supervisor as soon as possible of the staff member's absence and the reason for the absence.

 

24.3    If a satisfactory explanation for the absence, is not provided, the staff member will be regarded as absent from duty without authorised leave and the Commissioner may deduct from the pay of the staff member the amount equivalent to the period of the absence.

 

24.4    The minimum period of leave available to be granted is one hour, unless local arrangements negotiated in the workplace allow for a lesser period to be taken.

 

24.5    Nothing in this clause affects any proceedings for a breach of discipline against a staff member who is absent from duty without authorised leave.

 

25.  Applying for Leave

 

25.1    An application by a staff member for leave under this award must be made to and dealt with by the Commissioner.

 

25.2    The Commissioner will deal with the application for leave according to the wishes of the staff member, if the operational requirements of the NSW Police Force permit this to be done.

 

26.  Recreation Leave

 

26.1    Full time officers will be entitled to 6 weeks (228 hours) recreation leave per annum.

 

26.2    As a general principal recreation leave including additional leave (if applicable) will be applied for in advance and be taken in periods of a full week only.  Whilst this general principle will apply, officers may in emergency circumstances 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.

 

26.3    Consistent with the Crown Employees (NSW Police Force Administrative Officers and Temporary Employees) Award 2009, the parties agree that a block of two weeks recreation leave must be taken each leave year unless insufficient paid leave is available.

 

26.4    Limits on Accumulation and Direction to take leave

 

26.4.1 Where the operational requirements permit, the application for leave will be dealt with by the Commissioner according to the wishes of the staff member.

 

26.4.2 The Commissioner will notify the staff member in writing when accrued recreation leave reaches 6 weeks or its hourly equivalent and at the same time may direct a staff member to take at least 2 weeks recreation leave within 3 months of the notification at a time convenient to the NSW Police Force.

 

26.4.3 The Commissioner will notify the staff member in writing when accrued recreation leave reaches 8 weeks or its hourly equivalent and direct the staff member to take at least 2 weeks recreation leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the NSW Police Force.

 

26.4.4 A staff member must take their recreation leave to reduce their accrual below 8 weeks or its hourly equivalent, and the NSW Police Force must cooperate in this process. 

 

26.5    Conservation of Leave - If the Commissioner is satisfied that a staff member is prevented by operational or personal reasons from taking sufficient recreation leave to reduce the accrued leave below an acceptable level of between 4 and 6 weeks or its hourly equivalent, the Commissioner will: -

 

26.5.1 Specify in writing the period of time during which the excess may be conserved; and

 

26.5.2 On the expiration of the period during which conservation of leave applies, grant sufficient leave to the staff member at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 8 week limit.

 

26.5.3 The Commissioner will inform a staff member in writing on a regular basis of the staff member’s recreation leave accrual.

 

26.6    Miscellaneous

 

26.6.1 Unless a local arrangement has been negotiated between the Commissioner and the Association, recreation leave is not to be granted for a period less than one (1) hour or in other than multiples of one (1) hour.

 

26.6.2 Recreation leave for which a staff member is eligible on cessation of employment is to be calculated to one (1) hour (fractions less than one (1) hour being rounded up).

 

26.6.3 Recreation leave does not accrue to a staff member in respect of any period of absence from duty without leave or without pay, except as specified in paragraph 26.6.4 of this subclause.

 

26.6.4 Recreation leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers Compensation Act 1987; or any period of sick leave without pay or any other approved leave without pay, not exceeding 5 full time working days, or their part time equivalent, in any period of 12 months.

 

26.6.5 The proportionate deduction to be made in respect of the accrual of recreation leave on account of any period of absence referred to in paragraph 25.6.4 of this subclause will be calculated to an exact one (1) hour (fractions less than one (1) hour being rounded down).

 

26.6.6 Recreation leave accrues at half its normal accrual rate during periods of extended leave on half pay or recreation leave taken on half pay.

 

26.6.7 Recreation leave may be taken on half pay in conjunction with and subject to the provisions applying to adoption, maternity or parental leave - see clause 36, Parental Leave, of this award.

 

26.6.8 On cessation of employment, a staff member is entitled to be paid the money value of accrued recreation leave which remains untaken.

 

26.6.9 A staff member to whom paragraph 25.6.8 of this subclause applies may elect to take all or part of accrued recreation leave which remains untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.

 

26.7    Death - Where a staff member dies, the monetary value of recreation leave accrued and remaining untaken as at the date of death, will be paid to the staff member's nominated beneficiary.

 

26.8    Where no beneficiary has been nominated, the monetary value of recreation leave is to be paid as follows:

 

26.8.1 To the widow or widower of the staff member; or

 

26.8.2 If there is no widow or widower, to the children of the staff member or, if there is a guardian of any children entitled under this subclause, to that guardian for the children's maintenance, education and advancement; or

 

26.8.3 If there is no such widow, widower or children, to the person who, in the opinion of the Commissioner was, at the time of the staff member's death, a dependent relative of the staff member; or

 

26.8.4 If there is no person entitled under paragraph 26.8.1, 26.8.2 or 26.8.3 of this subclause to receive the money value of any leave not taken or not completed by a staff member or which would have accrued to the staff member, the payment may be made to the personal representative of the staff member.

 

26.9    Additional compensation for rostered work performed by shift workers on Sundays and Public Holidays - Shift workers who are rostered to work their ordinary hours on Sundays and/or Public Holidays during the period 1 December of one year to 30 November, of the following year, or part thereof, will be entitled to receive additional annual leave or payment as provided for in subclause 28.1 of clause 28, Additional Annual Leave, of this award.

 

26.10  Recreation leave does not accrue during leave without pay other than

 

26.10.1           military leave taken without pay when paid military leave entitlements are exhausted;

 

26.10.2           absences due to natural emergencies or major transport disruptions, when all other paid leave is exhausted;

 

26.10.3           any continuous period of sick leave taken without pay when paid sick leave is exhausted;

 

26.10.4           incapacity for which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998; or

 

26.10.5           periods which when aggregated, do not exceed 5 working days in any period of 12 months.

 

26.11  A staff member entitled to additional annual leave under subclause 28.1 of clause 28, Additional Annual Leave of this award, can elect at any time to cash out the additional recreation leave.

 

27.  Annual Leave Loading

 

27.1    General - Unless more favourable conditions apply to a staff member under another industrial instrument, a staff member, other than a trainee who is paid by allowance, is entitled to be paid an annual leave loading as set out in this subclause. Subject to the provisions set out in subclauses 27.2 to 27.6 of this clause, the annual leave loading will be 17½% on the monetary value of up to 4 weeks recreation leave accrued in a leave year.

 

27.2    Loading on additional leave accrued - Where additional leave is accrued by a staff member: -

 

27.2.1 As compensation for work performed regularly on Sundays and/or Public Holidays, the annual leave loading will be calculated on the actual leave accrued or on five weeks, whichever is the lower.

 

27.2.2 If stationed in an area of the State of New South Wales which attracts a higher rate of annual leave accrual, the annual leave loading will continue to be paid on a maximum of 4 weeks leave.

 

27.3    Shift workers - Shift workers proceeding on recreation leave are eligible to receive the more favourable of:

 

27.3.1 The shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on recreation leave; or

 

27.3.2 17½% annual leave loading.

 

27.4    Maximum Loading - Unless otherwise provided in an Award or Agreement under which the staff member is paid, the annual leave loading payable will not exceed the amount which would have been payable to a staff member in receipt of salary equivalent to the maximum salary for a Grade 12 Clerk.

 

27.5    Leave year - For the calculation of the annual leave loading, the leave year will commence on 1 December each year and will end on 30 November of the following year.

 

27.6    Payment of annual leave loading - Payment of the annual leave loading will be made on the recreation leave accrued during the previous leave year and will be subject to the following conditions:

 

27.6.1 Annual leave loading for the previous leave year will be paid in the first pay on or after 1 December in the subsequent leave year.

 

27.6.2 Notwithstanding paragraph 27.6.1 above a staff member may, with appropriate notice, elect to defer the payment of annual leave loading to a subsequent pay period. Provided further that such deferral will be limited to the last pay on or before 31 December in the same leave year.

 

27.6.3 While annual leave loading will not be paid in the first leave year of employment it will be paid in the subsequent leave year in accordance with paragraphs 27.6.1 and 27.6.2 of this subclause.

 

27.6.4 A staff member who has not been paid annual leave loading for the previous leave year, will be paid annual leave loading on resignation, retirement or termination by the NSW Police Force for any reason other than the staff member’s serious and intentional misconduct.

 

27.6.5 Except in cases of voluntary redundancy, proportionate leave loading is not payable on cessation of employment.

 

28.  Additional Annual Leave

 

28.1    Officers are be entitled to additional annual leave on the following basis:

 

Number of ordinary shifts worked on Sundays and/or Public Holidays during a qualifying period	Additional Leave
4 - 10	1 additional working day
11 - 17	2 additional working days
18 - 24	3 additional working days
25 - 31	4 additional working days
32 or more	5 additional working days

 

28.2    A qualifying period means the period commencing 12 months from 1 December each year.

 

29.  Extended Leave

 

Extended leave will accrue and be granted to staff members in accordance with the provisions of Part 6 of the Police Regulation 2015.

 

30.  Family and Community Service Leave

 

30.1    The Commissioner may grant to a staff member some, or all of their accrued family and community service leave on full pay, for reasons relating to unplanned and emergency family responsibilities or other emergencies as described in subclause 30.2 of this clause.  The Commissioner may also grant leave for the purposes in subclause 30.3 of this clause.  Non-emergency appointments or duties should be scheduled or performed outside of normal working hours or through approved use of flexible working arrangements or other appropriate leave.

 

30.2    Such unplanned and emergency situations may include, but not be limited to, the following: -

 

30.2.1 Compassionate grounds - such as the death or illness of a close member of the family or a member of the staff member's household;

 

30.2.2 Emergency accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

30.2.3 Emergency or weather conditions; such as when flood, fire, snow or disruption to utility services etc, threatens a staff member’s property and/or prevents a staff member from reporting for duty;

 

30.2.4 Attending to unplanned or unforeseen family responsibilities, such as attending child's school for an emergency reason or emergency cancellations by child care providers;

 

30.2.5 Attendance at court by a staff member to answer a charge for a criminal offence, only if the Commissioner considers the granting of family and community service leave to be appropriate in a particular case.

 

30.3    Family and community service leave may also be granted for:

 

30.3.1 An absence during normal working hours to attend meetings, conferences or to perform other duties, for staff members holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the staff member does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council; and

 

30.3.2 Attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) for staff members who are selected to represent Australia or the State.

 

30.4    The definition of "family or "relative" in this clause is the same as that provided in paragraph 33.4.2 of clause 33, Sick Leave to Care for Family Member, of this award.

 

30.5    Existing staff members employed on and from 1 May 2018, will accrue FACS leave on full pay as follows:

 

30.5.1             2 ½ days on 1 May 2018;

 

30.5.2             2 ½ days on 1 May 2019; and

 

30.5.3             1 day per year (1 May) thereafter.

 

30.6    Any staff member appointed from 1 May 2018, will accrue FACS leave on full pay as follows.

 

30.6.1             2 ½ days in the staff member’s first year of service;

 

30.6.2             2 ½ days in the staff member’s second year of service; and

 

30.6.3             1 day per year thereafter.

 

30.7    If available family and community service leave is exhausted as a result of natural disasters, the Commissioner may consider applications for additional family and community service leave, if some other emergency arises.

 

30.8    If available family and community service leave is exhausted, on the death of a family member or relative, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to a staff member.

 

30.9    In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with clause 33, Sick Leave to Care for a Sick Family Member, of this award will be granted when paid family and community service leave has been exhausted or is unavailable.

 

30.10  The Commissioner may also grant staff members other forms of leave such as accrued recreation leave, time off in lieu, and so on for family and community service leave purposes.

 

31.  Sick Leave

 

31.1    Illness in this clause and in clauses 32 and 33 of this award means physical or psychological illness or injury, medical treatment and the period of recovery or rehabilitation from an illness or injury.

 

31.2    Payment for sick leave is subject to the staff member:

 

31.2.1 Informing their manager as soon as reasonably practicable that they are unable to perform duty because of illness.  This must be done as close to the staff member’s starting time as possible; and

 

31.2.2 Providing evidence of illness as soon as practicable if required by clause 32, Sick Leave - Requirements for Evidence of Illness, of this award.

 

31.3    If the Commissioner is satisfied that a staff member is unable to perform duty because of the staff member's illness or the illness of his/her family member, the Commissioner:

 

31.3.1 Will grant to the staff member sick leave on full pay; and

 

31.3.2 May grant to the staff member, sick leave without pay if the absence of the staff member exceeds the entitlement of the staff member under this award to sick leave on full pay.

 

31.4    The Commissioner may direct a staff member to take sick leave if they are satisfied that, due to the staff member’s illness, the staff member:

 

31.4.1 is unable to carry out their duties without distress; or

 

31.4.2 risks further impairment of their health by reporting for duty; or

 

31.4.3 is a risk to the health, wellbeing or safety of other staff members, NSW Police Force clients or members of the public

 

31.5    The Commissioner may direct a staff member to participate in a return to work program if the staff member has been absent on a long period of sick leave.

 

31.6    Entitlements - Any staff member appointed on or from 1 May 2018 will commence accruing sick leave in accordance with this clause immediately.  Existing staff members employed as at 1 May 2018 will accrue sick leave in accordance with this clause from 1 May 2018 onwards.

 

31.6.1 At the commencement of employment with the NSW Police Force, a full-time staff member is granted an accrual of 5 days sick leave.

 

31.6.2 After the first four months of employment, the staff member will accrue sick leave at the rate of 10 working days per year for the balance of the first year of service.

 

31.6.3 After the first year of service, the staff member will accrue sick leave day to day at the rate of 15 working days per year of service.

 

31.6.4 All continuous service as a staff member in the NSW public service will be taken into account for the purpose of calculating sick leave due. Where the service in the NSW public service is not continuous, previous periods of public service will be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

31.6.5 Notwithstanding the provisions of paragraph 31.6.4 of this subclause, sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of the Government Sector Employment Regulation 2014, Regulation 30.

31.6.6 Sick leave without pay will count as service for the accrual of recreation leave and paid sick leave.  In all other respects sick leave without pay will be treated in the same manner as leave without pay.

 

31.6.7 When determining the amount of sick leave accrued, sick leave granted on less than full pay, will be converted to its full pay equivalent.

 

31.6.8 Paid sick leave will not be granted during a period of unpaid leave.

 

31.7    Payment during the initial 3 months of service - Paid sick leave which may be granted to a staff member, other than a seasonal or relief staff member, in the first 3 months of service will be limited to 5 days paid sick leave, unless the Commissioner approves otherwise. Paid sick leave in excess of 5 days granted in the first 3 months of service must be supported by a satisfactory medical certificate.

 

31.8    Seasonal or relief staff - No paid sick leave may be granted to temporary employees who are employed as seasonal or relief staff for a period of less than 3 months.

 

32.  Sick Leave - Requirements for Evidence of Illness

 

32.1    A staff member absent from duty for more than 2 consecutive working days because of illness must furnish evidence of illness to the Commissioner in respect of the absence.

 

32.2    In addition to the requirements under subclause 31.2 of clause 31, Sick Leave, of this award, a staff member may absent themselves for a total of 5 working days due to illness without the provision of evidence of illness to the Commissioner.  Staff members who absent themselves in excess of 5 working days in a calendar year may be required to furnish evidence of illness to the Commissioner for each occasion absent for the balance of the calendar year.

 

32.3    As a general practice backdated medical certificates will not be accepted.  However, if a staff member provides evidence of illness that only covers the latter part of the absence, they can be granted sick leave for the whole period if the Commissioner is satisfied that the reason for the absence is genuine.

 

32.4    If a staff member is required to provide evidence of illness for an absence of 2 consecutive working days or less, the Commissioner will advise them in advance.

 

32.5    If the Commissioner is concerned about the diagnosis described in the evidence of illness produced by the staff member, after discussion with the staff member, the evidence provided and the staff member's application for leave can be referred to the NSWPF nominated medical assessor or its successor for advice.

 

32.5.1 The type of leave granted to the staff member will be determined by the Commissioner based on the NSWPF nominated medical assessor or its successor’s advice.

 

32.5.2 If sick leave is not granted, the Commissioner will, as far as practicable, take into account the wishes of the staff member when determining the type of leave granted.

 

32.6    The granting of paid sick leave will be subject to the staff member providing evidence which indicates the nature of illness or injury and the estimated duration of the absence. If a staff member is concerned about disclosing the nature of the illness to their manager, they may elect to have the application for sick leave dealt with confidentially by an alternate manager or the human resources section of the NSW Police Force.

 

32.7    The reference in this clause to evidence of illness will apply, as appropriate:

 

32.7.1 up to one week may be provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Commissioner's discretion, another registered health services provider,

 

32.7.2 where the absence exceeds one week, and unless the health provider listed in paragraph 32.7.1 of this subclause is also a registered medical practitioner, applications for any further sick leave must be supported by evidence of illness from a registered medical practitioner, or

 

32.7.3 at the Commissioner’s discretion, other forms of evidence that satisfy that the staff member had a genuine illness.

 

32.8    If a staff member who is absent on recreation leave or extended leave, furnishes to the Commissioner satisfactory evidence of illness in respect of an illness which occurred during the leave, the Commissioner may, subject to the provisions of this clause, grant sick leave to the staff member as follows:

 

32.8.1 In respect of recreation leave, the period set out in the evidence of illness;

 

32.8.2 In respect of extended leave, the period set out in the evidence of illness if such period is 5 working days or more.

 

32.9    Subclause 32.8 of this clause applies to all staff members other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

33.  Sick Leave to Care for a Family Member

 

33.1    Where family and community service leave provided for in clause 30, Family and Community Service Leave, of this award is exhausted or unavailable, a staff member with responsibilities in relation to a category of person set out in subclause 33.4 of this clause who needs the staff member's care and support, may elect to use available paid sick leave, subject to the conditions specified in this clause, to provide such care and support when a family member is ill.

 

33.2    The sick leave will initially be taken from the sick leave accumulated over the previous 3 years.  In special circumstances, the Commissioner may grant additional sick leave from the sick leave accumulated during the staff member’s eligible service.

 

33.3    If required by the Commissioner to establish the illness of the person concerned, the staff member must provide evidence consistent with subclause 32.6 of clause 32, Sick Leave - Requirements for Evidence of Illness, of this award.

 

33.4    The entitlement to use sick leave in accordance with this clause is subject to:

 

33.4.1 The staff member being responsible for the care and support of the person concerned; and

 

33.4.2 The person concerned being: -

 

(a)       a spouse of the staff member; or

 

(b)       a de facto spouse being a person of the opposite sex to the staff member who lives with the staff member as her husband or his wife on a bona fide domestic basis although not legally married to that staff member; or

 

(c)       a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the staff member or of the spouse or de facto spouse of the staff member; or

 

 

(d)       a same sex partner who lives with the staff member as the de facto partner of that staff member on a bona fide domestic basis; or a relative of the staff member who is a member of the same household, where for the purposes of this definition:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

34.  Sick Leave - Workers Compensation

 

34.1    The Commissioner will advise each staff member of their rights under the Workers Compensation Act 1987, as amended from time to time, and may give such assistance and advice, as necessary, in the lodging of any claim.

 

34.2    A staff member who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the staff member a right to claim compensation under the Workers Compensation Act 1987, will be required to lodge a claim for any such compensation.

 

34.3    Where, due to the illness or injury, the staff member is unable to lodge such a claim in person, the Commissioner will assist the staff member or the representative of the staff member, as required, to lodge a claim for any such compensation.

 

34.4    The Commissioner will ensure that, once received by the NSW Police Force, a staff member’s workers compensation claim is lodged by the NSW Police Force with the workers compensation insurer within the statutory period prescribed in the Workers Compensation Act 1987.

 

34.5    Pending the determination of that claim and on production of an acceptable medical certificate, the Commissioner will grant sick leave on full pay for which the staff member is eligible followed, if necessary, by sick leave without pay or, at the staff member's election by accrued recreation leave or extended leave.

 

34.6    If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the staff member pending acceptance of the claim will be restored to the credit of the staff member.

 

34.8    If a staff member notifies the Commissioner that he or she does not intend to make a claim for any such compensation, the Commissioner will consider the reasons for the staff member's decision and will determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

 

34.9    A staff member may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act. If a staff member refuses to submit to a medical examination without an acceptable reason, the staff member may not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the staff member is not fit to resume employment.

 

34.10  If the Commissioner provides the staff member with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the staff member fails, to resume or perform such duties, the staff member will be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

 

34.11  No further sick leave will be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.

 

34.12  Nothing in this clause prevents a staff member from appealing a decision or taking action under other legislation made in respect of:

 

34.12.1           The staff member's claim for workers compensation;

 

34.12.2           The conduct of a medical examination by a Government or other Medical Officer;

 

34.12.3           A medical certificate issued by the examining Government or other Medical Officer; or

 

34.12.4           Action taken by the Commissioner either under the Workers Compensation Act 1987 or any other relevant legislation in relation to a claim for workers compensation, medical examination or medical certificate.

 

35.  Sick Leave - Claims other than Workers Compensation

 

35.1    If the circumstances of any injury to or illness of a staff member give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987 sick leave on full pay may, subject to and in accordance with this clause, be granted to the staff member on completion of an acceptable undertaking that: -

 

35.1.1 Any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the NSW Police Force to the staff member; and

 

35.1.2 In the event that the staff member receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the staff member will repay to the NSW Police Force the monetary value of any such period of sick leave.

 

35.2    Sick leave on full pay will not be granted to a staff member who refuses or fails to complete an undertaking, except in cases where the Commissioner is satisfied that the refusal or failure is unavoidable.

 

35.3    On repayment to the NSW Police Force of the monetary value of sick leave granted to the staff member, sick leave equivalent to that repayment and calculated at the staff member’s ordinary rate of pay, will be restored to the credit of the staff member.

 

36.  Parental Leave

 

36.1    Parental leave includes maternity, adoption and "other parent" leave.

 

36.2    Maternity leave will apply to a staff member who is pregnant and, subject to this clause the staff member will be entitled to be granted maternity leave as follows:

 

36.2.1 For a period up to 9 weeks prior to the expected date of birth; and

 

36.2.2 For a further period of up to 12 months after the actual date of birth.

 

36.2.3 A staff member who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

36.3    Adoption leave will apply to a staff member adopting a child and who will be the primary care giver, the staff member will be granted adoption leave as follows:

 

36.3.1 For a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

36.3.2 For such period, not exceeding 12 months on a full-time basis, as the Commissioner may determine, if the child has commenced school at the date of the taking of custody.

 

36.3.3 Special Adoption Leave - A staff member will be entitled to special adoption leave (without pay) for up to 2 days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against recreation leave, extended leave, time off in lieu or family and community service leave.

 

36.4    Where maternity or adoption leave does not apply, "other parent" leave is available to male and female staff who apply for leave to look after his/her child or children. Other parent leave applies as follows:

 

36.4.1 Short other parent leave - an unbroken period of up to 8 weeks at the time of the birth of the child or other termination of the spouse's or partner's pregnancy or, in the case of adoption, from the date of taking custody of the child or children;

 

36.4.2 Extended other parent leave - for a period not exceeding 12 months, less any short other parental leave already taken by the staff member as provided for in paragraph 36.4.1 of this subclause. Extended other parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.

 

36.5    A staff member taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of up to14 weeks, a staff member entitled to short other parent leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week, provided the staff member:

 

36.5.1 Applied for parental leave within the time and in the manner determined set out in subclause 36.10 of this clause; and

 

36.5.2 Prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.

 

36.5.3 Payment for the maternity, adoption or short other parent leave may be made as follows:

 

(a)       in advance as a lump sum; or

 

(b)       fortnightly as normal; or

 

(c)       fortnightly at half pay; or

 

(d)       a combination of full‑pay and half pay.

 

36.6    Payment for parental leave is at the rate applicable when the leave is taken. A member of staff holding a full time position who is on part time leave without pay when they start parental leave is paid:

 

36.6.1 at the full time rate if they began part time leave 40 weeks or less before starting parental leave;

 

36.6.2 at the part time rate if they began part time leave more than 40 weeks before starting parental leave and have not changed their part time work arrangements for the 40 weeks;

 

36.6.3 at the rate based on the average number of weekly hours worked during the 40 week period if they have been on part time leave for more than 40 weeks but have changed their part time work arrangements during that period.

 

36.7    A staff member who commences a subsequent period of maternity or adoption leave for another child within 24 months of commencing an initial period of maternity or adoption leave will be paid:

 

36.7.1 at the rate (full time or part time) they were paid before commencing the initial leave if they have not returned to work; or

 

36.7.2 at a rate based on the hours worked before the initial leave was taken, where the staff member has returned to work and reduced their hours during the 24 month period; or

 

36.7.3 at a rate based on the hours worked prior to the subsequent period of leave where the staff member has not reduced their hours.

 

36.8    Except as provided in subclauses 36.5, 36.6 and 36.7 of this clause, parental leave will be granted without pay.

 

36.9    Right to request

 

36.9.1 A staff member who has been granted parental leave in accordance with subclause 36.2, 36.3 or 36.4 of this clause may make a request to the Commissioner to:

 

(a)       extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(b)       return from a period of full time parental leave on a part time basis until the child reaches school age (Note: returning to work from parental leave on a part time basis includes the option of returning to work on part time leave without pay);

 

to assist the staff member in reconciling work and parental responsibilities.

 

36.9.2 The Commissioner will consider the request having regard to the staff member’s circumstances and, provided the request is genuinely based on the staff member’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Commissioner’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

36.10  Notification Requirements

 

36.10.1           When the NSW Police Force is made aware that a staff member or their spouse is pregnant or is adopting a child, the NSW Police Force must inform the staff member of their entitlements and their obligations under the Award.

 

36.10.2           A staff member who wishes to take parental leave must notify the Commissioner in writing at least 8 weeks (or as soon as practicable) before the expected commencement of parental leave:

 

(a)       that she/he intends to take parental leave, and

 

(b)       the expected date of birth or the expected date of placement, and

 

(c)       if she/he is likely to make a request under subclause 36.9 of this clause.

 

36.10.3           At least 4 weeks before a staff member's expected date of commencing parental leave they must advise:

 

(a)       the date on which the parental leave is intended to start, and

 

(b)       the period of leave to be taken.

 

36.10.4           Staff member’s request and the Commissioner’s decision to be in writing

 

The staff member’s request under paragraph 36.9.1 and the Commissioner’s decision made under paragraph 36.9.2 must be recorded in writing.

 

36.10.5           A staff member intending to request to return from parental leave on a part time basis or seek an additional period of leave of up to 12 months must notify the Commissioner in writing as soon as practicable and preferably before beginning maternity, adoption or other parental leave. If the notification is not given before commencing such leave, it may be given at any time up to 4 weeks before the proposed return on a part time basis, or later if the Commissioner agrees.

 

36.10.6           A staff member on maternity leave is to notify the NSW Police Force of the date on which she gave birth as soon as she can conveniently do so.

 

36.10.7           A staff member must notify the NSW Police Force as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.

 

36.10.8           A staff member on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the Commissioner and any number of times with the consent of the Commissioner.  In each case she/he must give the NSW Police Force at least 14 days’ notice of the change unless the Commissioner decides otherwise.

 

36.11  A staff member has the right to her/his former position if she/he has taken approved leave or part time work in accordance with subclause 36.9 of this clause, and she/he resumes duty immediately after the approved leave or work on a part time basis.

 

36.12  If the position occupied by the staff member immediately prior to the taking of parental leave has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member will be appointed to a position of the same grade and classification as the staff member’s former position.

 

36.13  A staff member does not have a right to her/his former position during a period of return to work on a part time basis. If the Commissioner approves a return to work on a part time basis then the position occupied is to be at the same classification and grade as the former position.

 

36.14  A staff member who has returned to full time duty without exhausting their entitlement to 12 months unpaid parental leave is entitled to revert back to such leave. This may be done once only, and a minimum of 4 weeks’ notice (or less if acceptable to the NSW Police Force) must be given.

 

36.15  A staff member who is sick during her pregnancy may take available paid sick leave or accrued recreation or extended leave or sick leave without pay. A staff member may apply for accrued recreation leave, extended leave or leave without pay before taking maternity leave.  Any leave taken before maternity leave ceases at the end of the working day immediately preceding the day she starts her nominated period of maternity leave or on the working day immediately preceding the date of birth of the child, whichever is sooner.

 

36.16  A staff member may elect to take available recreation leave or extended leave within the period of parental leave provided this does not extend the total period of such leave.

 

36.17  A staff member may elect to take available recreation leave at half pay in conjunction with parental leave provided that:

 

36.17.1           accrued recreation leave at the date leave commences is exhausted within the period of parental leave;

 

36.17.2           the total period of maternity, adoption or other parent leave, is not extended by the taking of recreation leave at half pay; and

 

36.17.3           when calculating other leave accruing during the period of recreation leave at half pay, the recreation leave at half pay will be converted to the full time equivalent and treated as full pay leave for accrual of further recreation, extended and other leave at the full time rate

 

36.18  If, for any reason, a pregnant staff member is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the Commissioner, should, in consultation with the staff member, take all reasonable measures to arrange for safer alternative duties.  This may include but is not limited to greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-skilling, teleworking and job redesign.

 

36.19  If such adjustments cannot reasonably be made, the Commissioner must grant the staff member maternity leave, or any available sick leave, for as long as it is necessary to avoid exposure to that risk as certified by a medical practitioner, or until the child is born whichever is the earlier.

 

36.20  Communication during parental leave

 

36.20.1           Where a staff member is on parental leave and a definite decision has been made to introduce significant change at the workplace, the NSW Police Force will take reasonable steps to:

 

(a)       make information available in relation to any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing parental leave; and

 

(b)       provide an opportunity for the staff member to discuss any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing parental leave.

 

36.20.2           The staff member will take reasonable steps to inform the Commissioner about any significant matter that will affect the staff member’s decision regarding the duration of parental leave to be taken, whether the staff member intends to return to work and whether the staff member intends to request to return to work on a part time basis.

 

36.20.3           The staff member will also notify the Commissioner of changes of address or other contact details which might affect the NSW Police Force capacity to comply with paragraph 36.20.1 of this subclause.

 

37.  Military Leave

 

37.1    During the period of 12 months commencing on 1 July each year, the Commissioner may grant to a staff member who is a volunteer part-time member of the Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction or compulsory parades conducted by the staff member’s unit.

 

37.2    In accordance with the Defence Reserve Service (Protection) Act 2001 (Cth), it is unlawful to prevent a staff member from rendering or volunteering to render, ordinary defence Reserve service.

 

37.3    Up to 24 working days military leave per financial year may be granted by the Commissioner to members of the Naval and Military Reserve and up to 28 working days per financial year to members of the Air Force Reserve for the activities specified in subclause 37.1 of this clause.

 

37.4    The Commissioner may grant a staff member special leave of up to 1 day to attend medical examinations and tests required for acceptance as volunteer part time members of the Australian Defence Forces.

 

37.5    A staff member who is requested by the Australian Defence Forces to provide additional military services requiring leave in excess of the entitlement specified in subclause 37.3 of this clause may be granted Military Leave Top Up Pay by the Commissioner.

 

37.6    Military Leave Top Up Pay is calculated as the difference between a staff member’s ordinary pay as if they had been at work, and the Reservist’s pay which they receive from the Commonwealth Department of Defence.

 

37.7    During a period of Military Leave Top Up Pay, a staff member will continue to accrue sick leave, recreation and extended leave entitlements, and the NSW Police Force is to continue to make superannuation contributions at the normal rate.

 

37.8    At the expiration of military leave in accordance with subclause 37.3 or 37.4 of this clause, the staff member must furnish to the Commissioner a certificate of attendance and details of the staff members reservist pay signed by the commanding officer or other responsible officer.

 

38.  Observance of Essential Religious or Cultural Obligations

 

38.1    A staff member of:

 

38.1.1 Any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or

 

38.1.2 Any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations, may be granted recreation/extended leave to credit, time off in lieu or leave without pay to do so.

 

38.2    Provided adequate notice as to the need for leave is given by the staff member to the NSW Police Force and it is operationally convenient to release the staff member from duty, the Commissioner must grant the leave applied for by the staff member in terms of this clause.

 

38.3    A staff member of any religious faith who seeks time off during daily working hours to attend to essential religious obligations of that faith, will be granted such time off by the Commissioner subject to:

 

38.3.1 Adequate notice being given by the staff member;

 

38.3.2 Prior approval being obtained by the staff member; and

 

38.3.3 The time off being made up in the manner approved by the Commissioner.

 

38.4    Notwithstanding the provisions of subclauses 38.1, 38.2 and 38.3 of this clause, local arrangements may be negotiated between the NSW Police Force and the Association to provide greater flexibility for staff members for the observance of essential religious or cultural obligations.

 

39.  Special Leave

 

39.1    Special Leave - Jury Service

 

39.1.1 A staff member will, as soon as possible, notify the Commissioner of the details of any jury summons served on the staff member.

 

39.1.2 A staff member who, during any period when required to be on duty, attends a court in answer to a jury summons will, upon return to duty after discharge from jury service, furnish to the Commissioner a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the staff member during any such period and the details of any payment or payments made to the staff member under section 72 of the Jury Act 1977 in respect of any such period.

 

39.1.3 When a certificate of attendance on jury service is received in respect of any period during which a staff member was required to be on duty, the Commissioner will grant, in respect of any such period for which the staff member has been paid out-of-pocket expenses only, special leave on full pay. In any other case, the Commissioner will grant, at the sole election of the staff member, available recreation leave on full pay, flex leave or leave without pay.

 

39.2    Witness at Court - Official Capacity - When a staff member is subpoenaed or called as a witness in an official capacity, the staff member will be regarded as being on duty. Salary and any expenses properly and reasonably incurred by the staff member in connection with the staff member’s appearance at Court as a witness in an official capacity will be paid by the NSW Police Force.

 

39.3    Witness at Court - Other than in Official Capacity - Crown Witness - A staff member who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) will:

 

39.3.1 Be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

 

39.3.2 Pay into the Treasury of the State of New South Wales all money paid to the staff member under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

 

39.3.3 Association Witness - a staff member called by the Association to give evidence before an Industrial Tribunal or in another jurisdiction will be granted special leave by the NSW Police Force for the required period.

 

39.4    Called as a witness in a private capacity - A staff member who is subpoenaed or called as a witness in a private capacity will, for the whole of the period necessary to attend as such a witness, be granted at the staff member's election, available recreation leave on full pay or leave without pay.

 

39.5    Special Leave - Examinations -

 

39.5.1 Special leave on full pay up to a maximum of 5 days in any one year will be granted to staff members for the purpose of attending at any examination approved by the Commissioner.

 

39.5.2 Special leave granted to attend examinations will include leave for any necessary travel to or from the place at which the examination is held.

 

39.5.3 If an examination for a course of study is held during term or semester within the normal class timetable and study time has been granted to the staff member, no further leave is granted for any examination.

 

39.6    Return Home When Temporarily Living Away from Home - Sufficient special leave will be granted to a staff member who is temporarily living away from home as a result of work requirements.  Such staff member will be granted sufficient special leave once a month before or after a weekend or a long weekend or, in the case of a shift worker before or after rostered days off to return home to spend two days and two nights with the family. If the staff member wishes to return home more often, such staff member may be granted recreation leave, extended leave or flex leave to credit or leave without pay, if the operational requirements allow.

 

39.7    Return Home When Transferred to New Location - Special leave will be granted to a staff member who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Employees Compensation) Award.

 

39.8    A staff member who identifies as an Indigenous Australian will be granted up to one day special leave per year to enable the staff member to participate in the National Aboriginal and Islander Day of Commemoration Celebrations. Leave can be taken at any time during NAIDOC week, or in the weeks leading up to and after NAIDOC week as negotiated between the supervisor and staff member.

 

39.9    Special Leave - Other Purposes - Special leave on full pay may be granted to staff members by the Commissioner for such other purposes, subject to the conditions specified in the Government Sector Employment Regulation 2014at the time the leave is taken.

 

39.10  Matters arising from domestic violence situations.

 

When the leave entitlements referred to in clause 40, Leave for Matters Arising from Domestic Violence, have been exhausted, the Commissioner will grant up to five days per calendar year to be used for absences from the workplace to attend to matters arising from domestic violence situations.

 

40.  Leave for Matters Arising from Domestic Violence

 

40.1    The definition of domestic violence is found in subclause (h), of clause 2, Definitions, of this award.

 

40.2    Leave entitlements provided for in clause 30, Family and Community Service Leave, clause 31, Sick Leave and clause 33, Sick Leave to Care for a Family Member, may be used by staff members experiencing domestic violence.

 

40.3    Where the leave entitlements referred to in subclause 40.2 are exhausted, the Commissioner will grant up to five days Special Leave, per calendar year, to be used for absences from the workplace to attend to matters arising from domestic violence situations.

 

40.4    The Commissioner will need to be satisfied, on reasonable grounds, that domestic violence has occurred and may require proof presented in the form of an agreed document issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer.

 

40.5    Personal Information concerning domestic violence will be kept confidential by the NSW Police Force.

 

40.6    An application for leave for matters arising from domestic violence under this clause will trigger the NSW Police Force response to domestic and family violence with respect to the immediate and long term protection of victims, including specific police obligations for the investigation and management of such matters. Such actions are in line with obligations under the Crimes (Domestic and Personal Violence) Act 2007.

 

40.7    The Commissioner, where appropriate, may facilitate flexible working arrangements subject to operational requirements, including changes to working times and changes to work location, telephone number and email address.

 

41.  Leave Without Pay

 

41.1    The Commissioner may grant leave without pay to a staff member if good and sufficient reason is shown.

 

41.2    Leave without pay may be granted on a full-time or a part-time basis.

 

41.3    Where a staff member is granted leave without pay for a period not exceeding 10 consecutive working days, the staff member will be paid for any proclaimed public holidays falling during such leave without pay.

 

41.4    Where a staff member is granted leave without pay which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave will count as service for incremental progression and accrual of recreation leave.

 

41.5    A staff member who has been granted leave without pay, will not engage in employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Commissioner.

 

41.6    A staff member will not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the staff member elects to combine all or part of accrued paid leave with leave without pay, the paid leave must be taken before leave without pay.

 

41.7    No paid leave will be granted during a period of leave without pay.

 

41.8    A permanent appointment may be made to the staff member’s position if:

 

41.8.1 the leave without pay has continued or is likely to continue beyond the original period of approval and is for a total period of more than 12 months; and

 

41.8.2 the staff member is advised of the Commissioner’s proposal to permanently backfill their position; and

 

41.8.3 the staff member is given a reasonable opportunity to end the leave without pay and return to their position; and

 

41.8.4 the Commissioner advised the staff member at the time of the subsequent approval that the position will be filled on a permanent basis during the period of leave without pay.

 

41.9    The position cannot be filled permanently unless the above criteria are satisfied.

 

41.10  The staff member does not cease to be employed by the NSW Police Force if their position is permanently backfilled.

 

41.11  Subclause 41.8 of this clause does not apply to full-time unpaid parental leave granted in accordance with subparagraph 36.9.1(a) of clause 36, Parental Leave or to military leave.

 

SECTION 7 - MISCELLANEOUS

 

42.  Trade Union Training Courses

 

42.1    The following training courses will attract the grant of special leave as specified below: -

 

42.1.1 Accredited Work Health and Safety (WH&S) courses and any other accredited WH&S training for WH&S Committee members. The provider(s) of accredited OH&S training courses and the conditions, on which special leave for such courses will be granted, will be negotiated between the Commissioner and the Association under a local arrangement.

 

42.1.2 Courses organised and conducted by the Trade Union Education Foundation or by the Association or a training provider nominated by the Association. A maximum of 12 working days in any period of 2 years applies to this training and is subject to:

 

(a)       The operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief staff;

 

(b)       Payment being at the base rate, i.e. excluding extraneous payments such as shift allowances/penalty rates, overtime, etc.;

 

(c)       All travelling and associated expenses being met by the staff member or the Association;

 

(d)       Attendance being confirmed in writing by the Association or a nominated training provider.

 

43.  Deduction of Union Membership Fees

 

At the staff member’s election, the Commissioner will provide for the staff member’s Association membership fees to be deducted from the staff member’s pay and ensure that such fees are transmitted to the staff member’s Association at regular intervals. Alternative arrangements for the deduction of Association membership fees may be negotiated between the Commissioner and the Association as a local arrangement.

 

44.  Anti-Discrimination

 

44.1    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.

 

44.2    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.

 

44.3    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.

44.4    Nothing in this clause is to be taken to affect:

 

(i)       any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)      offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(iv)     a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

44.5    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.

 

45.  Progression

 

Progression through the incremental range is dependent upon completion of 12 months satisfactory conduct and service on each step of the scale.

 

Provided that the first year of service will be a probationary period and the officer’s conduct and performance will be subject to review and report at 3 monthly intervals.

 

Promotional positions within the Police Band will be filled by way of open competitive selection upon the occurrence of a vacancy.  The following procedure stipulates the method by which officers will be appointed to promotional positions and ensures that such appointments are based on merit selection principles.

 

5.1      Advertisement Action

 

All promotional positions will be advertised on the approved government employment platform. The advertisement will provide the criteria by which culling and selection will be determined.

 

Advertisements will clearly state the requirements of the positions and will detail essential and desirable qualifications in line with the Role Description.  The content of the advertisement will inform applicants of the skills and abilities necessary to perform the duties of the position. The closing date for applications will be not less than three weeks following the date of publication.

 

45.2    Selection Panel

 

A selection committee of identical composition to that required for any vacant Administrative Officer position in the NSW Police Force will be established and will assume responsibility for assessing the comparative merit of each applicant and recommending the candidate with the greatest merit.

 

Merit is decided by reference to the abilities, qualifications, experience, standard of performance and personal qualities of an applicant relative to the position.

 

45.3    Convenor

 

A convenor of the selection panel will be nominated. The role of the convenor will include ensuring that no member of the committee has any bias toward any of the applicants, and that the selection process does not involve any unfair questioning or assessment of applicants.

 

The convenor will also undertake the administrative work associated with the selection process.

 

45.4    Culling of Applications

 

A cull will be conducted by the Panel based on the content of the advertisement and the Position Overview.

 

The purpose of the cull is to exclude applicants who on the basis of the application do not demonstrate that they satisfy the essential requirements of the advertisement or who show evidence that their qualifications and experience are not as competitive as other applicants.

 

45.5    Notice of Interview

 

Applicants will be given at least 3 clear working days' notice of interview.  Interviews should be held within 10 working days of the closing date of applications.

 

45.6    Attendance at Interview

 

Where an officer is rostered for work at the time of interview they will be granted special leave without loss of pay to attend.  Provided however that where an officer is rostered off duty at the time of the interview then attendance at interview will be without pay. Every effort will be made to roster officers on duty to facilitate their attendance at interview.

 

45.7    Selection Panel Report

 

The Selection Panel will be required to produce a written report on the selection process specifically detailing reasons for selection and non-selection.

 

45.8    Approving Officer

 

The Region Commander (or equivalent) will under delegation from the Commissioner be the Approving Officer.

 

45.9    Services Check

 

A check of the conduct and services of the recommended officer will be made with their supervising officer.

 

46.  Study Assistance

 

46.1    The Commissioner has the power to grant or refuse study time.

 

46.2    Where the Commissioner approves the grant of study time, the grant will be subject to:

 

46.2.1 The course being a course relevant to the NSW Police Force and/or the public service;

 

46.2.2 The time being taken at the convenience of the NSW Police Force; and

 

46.2.3 Paid study time not exceeding a maximum of 4 hours per week, to accrue on the basis of half an hour for each hour of class attendance.

 

46.3    Study time may be granted to both full and part-time staff members.  Part-time staff members however will be entitled to a pro-rata allocation of study time to that of a full-time staff member.

 

46.4    Study time may be used for:

 

46.4.1 Attending compulsory lectures, tutorials, residential schools, field days etc., where these are held during working hours; and/or

 

46.4.2 Necessary travel during working hours to attend lectures, tutorials etc., held during or outside working hours; and/or

 

46.4.3 Private study; and/or

 

46.4.4 Accumulation, subject to the conditions specified in subclauses 46.6 to 46.10 of this clause.

 

46.5    Staff members requiring study time must nominate the type(s) of study time preferred at the time of application and prior to the proposed commencement of the academic period. The types of study time are as follows: -

 

46.5.1 Face-to-Face - Staff members may elect to take weekly and/or accrued study time, subject to the provisions for its grant.

 

46.5.2 Correspondence - Staff members may elect to take weekly and/or accrued study time, or time off to attend compulsory residential schools.

 

46.5.3 Accumulation - Staff members may choose to accumulate part or all of their study time as provided in subclauses 46.6 to 46.10 of this clause.

 

46.6    Accumulated study time may be taken in any manner or at any time, subject to operational requirements of the NSW Police Force.

 

46.7    Staff members on rotating shifts may accumulate study time so that they can take leave for a full shift, where this would be more convenient to both the staff member and the NSW Police Force.

 

46.8    Where at the commencement of an academic year/semester a staff member elects to accrue study time and that staff member has consequently foregone the opportunity of taking weekly study time, the accrued period of time off must be granted even if changed work circumstances mean absence from duty would be inconvenient.

 

46.9    Staff members attempting courses which provide for annual examinations, may vary the election as to accrual, made at the commencement of an academic year, effective from 1st July in that year.

 

46.10  Where a staff member is employed after the commencement of the academic year, weekly study time may be granted with the option of electing to accrue study time from 1st July in the year of entry on duty or from the next academic year, whichever is the sooner.

 

46.11  Staff members studying in semester based courses may vary their election as to accrual or otherwise from semester to semester.

 

46.12  Correspondence Courses - Study time for staff members studying by correspondence accrues on the basis of half an hour for each hour of lecture/tutorial attendance involved in the corresponding face-to-face course, up to a maximum grant of 4 hours per week. Where there is no corresponding face-to-face course, the training institution should be asked to indicate what the attendance requirements would be if such a course existed.

 

46.13  Correspondence students may elect to take weekly study time and/or may accrue study time and take such accrued time when required to attend compulsory residential schools.

 

46.14  Repeated subjects - Study time should not be granted for repeated subjects.

 

46.15  Expendable grant - Study time if not taken at the nominated time will be forfeited. If the inability to take study time occurs as a result of a genuine emergency at work, study time for that week may be granted on another day during the same week.

 

46.16  Examination Leave - Examination leave will be granted as special leave for all courses of study approved in accordance with this clause.

 

46.17  The period granted as examination leave will include:

 

46.17.1           Time actually involved in the examination;

 

46.17.2           Necessary travelling time, in addition to examination leave,

 

but is limited to a maximum of 5 days in any one year. Examination leave is not available where an examination is conducted within the normal class timetable during the term/semester and study time has been granted to the staff member.

 

46.18  The examination leave will be granted for deferred examinations and in respect of repeat studies.

 

47.  Public Interest

 

47.1    The parties agree that any provision of this Award may be suspended by the Commissioner of Police where emergency circumstances or the public interest require that they be varied temporarily.

 

47.2    The Commissioner of Police reserves the right to apply to vary, after first consulting with the Association, any of the provisions of the Award which the Commissioner considers are no longer appropriate when regard is had to similar provisions then applying to non-commissioned police officers.

 

48.  NSW Police Force Police Band Consultative Committee

 

48.1    It is intended for the purpose of this agreement to establish a forum within which matters concerning the formation of policy and procedures may be addressed.

 

48.2    The parties agree that members of the Committee should include 3 representatives from the NSW Police Force (one being the Commander, NSW Police Force Band or nominee, the second being a further nominee of the Commander, NSW Police Force Band, and the third being a nominee of the Director, Public Affairs Branch); a representative of the Association and 2 delegates.

 

48.3    This Committee will meet on a needs basis within one week at the request of either party, or other agreed time frame.

 

49.  Secure Employment

 

49.1    Work Health and Safety

 

49.1.1 For the purpose 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.

 

49.1.2 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.

 

49.1.3 Nothing in this subclause 49.1 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.

 

49.2    Disputes Regarding the Application of this Clause

 

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.

 

49.3    This clause has no application in respect of organisations which are properly registered as Group 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.

 

50.  Area, Incidence and Duration

 

50.1    This award applies to all officers as defined in clause 2 (a) of this award. 

 

50.2    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 Police Band) Award 2018 published 22 June 2018 (383 I.G. 26), as varied.

 

50.3    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 19 October 2021.

 

50.4    This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

50.5    Changes made to this award subsequent to it being published on 22 June 2018 (383 I.G. 26) have been incorporated into this award as part of the review.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Effective from the first full pay period to commence on or after 1 July 2021.

 

In addition to the salaries prescribed in Column 1, officers will be paid a loading in accordance with Column 2 for work performed on weekends and other incidents of employment not otherwise provided for elsewhere in this award.

 

Police Band 2021 rates
Police Band Member	Per Annum	Per Annum	Per Annum
FFPP 1.7.21	$	$	$
	Column 1	Column 2 Loading	Column 3
	Base		Total
	2.04%	10%	2.04%
1st year of service	63,544	6,354	69,898
2nd year of service	64,679	6,468	71,147
3rd year of service	65,793	6,579	72,372
4th year of service	66,995	6,700	73,695
5th year of service	70,151	7,015	77,166
6th year of service and thereafter	71,369	7,137	78,506
Senior Police Band Member	Per Annum	Per Annum	Per Annum
	$	$	$
	Column 1	Column 2 Loading	Column 3
	Base		Total
	2.04%	10%	2.04%
1st year of service and thereafter	74,055	7,406	81,461

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Subject Matter	Amount $
			Effective from the first full pay period on or after 1.7.2021
1	15	Doubling Allowance	1178 per annum
2	16	Shift Work Allowance -	Effective from the first full pay period on or after 1.7.2020
	Shift	Shift Commencing Time
	A	At or after 1 pm and before 4 pm	44.24
	B	At or after 4pm and before 4am	51.61
	C	At or after 10am and before 1pm	29.49
	C	At or after 4am and before 6am	29.49

 

Item No.	Clause No.	Subject Matter	Amount $
			Effective from the first full pay period on or after 1.7.2021
1	15	Doubling Allowance	1123 per annum
2	16	Shift Work Allowance -	Effective from the first full pay period on or after 1.7.2020
	Shift	Shift Commencing Time
	A	At or after 1 pm and before 4 pm	44.24
	B	At or after 4pm and before 4am	51.61
	C	At or after 10am and before 1pm	29.49
	C	At or after 4am and before 6am	29.49

 

 

 

D. SLOAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.