Crown
Employees (Police Officers - 2008) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Police
Association of New South Wales, Industrial Organisation of Employees.
(No. IRC 1306 of 2009)
Before The Honourable
Justice Marks
|
9 September 2009
|
VARIATION
1. Delete the
words " or returning from suspension" from subclause (xii) of clause
56, Competency Based Incremental Progression, and from subclause (ix) of clause
65, Competency Based Incremental Progression, and delete the comma before
"Workers" of the award published 29 August 2008 (366 I.G. 502) and
insert in lieu thereof the following:
"and"
2. Insert after
subclause (xii) of clause 56, the following new subclause (xiii) and renumber
existing subclauses accordingly:
(xiii) Effect of
suspension
(a) When suspended
with pay, a Non-Commissioned Officer will be paid at the rate of pay for the
officer's, level as at the commencement of the suspension.
(b) A suspended Non
Commissioned Officer is not entitled to incremental progression.
(c) Where a non
Commissioned Officer who was suspended without pay ceases to be suspended and
continues as a Police Officer, the officer will be paid for the period of
suspension at the officer's rate of pay for the officer's level as at the
commencement of the suspension, less any hardship payments that have been paid
to the officer.
(d) Where a non
Commissioned Officer ceases to be suspended and continues as a Police Officer,
the officer has six months in which to comply with the requirements of this
clause 56 to achieve increment progression for which the officer would have
been eligible if not suspended. Where
the requirements are met, the officer will be paid increment entitlements
effective from the officer's incremental date, or, dates and the officer will
be eligible for the next increment on the officer's next increment date.
(e) Where an officer
does not achieve incremental progression in accordance with subclause (xiii)
(d), the officer will remain at the officer will remain at the officer's then
level until they achieve the requirements for incremental progression. On achieving the requirements for
incremental progression the officer will move to the next level and the date of
that change will become the officer's new incremental date for all future
progression. An officer progressing in
accordance with this subclause will not be entitled to any incremental back
pay.
(f) An officer will
be given appropriate training in order to achieve increment progression. Any subsequent failure to meet incremental
progression requirements will require the officer to undergo appropriate
remedial training.
3. Insert after
subclause (ix) of clause 65, the following new subclause (x) and renumber
existing subclauses accordingly:
(x) Effect of
suspension
(a) When suspended
with pay, a Commissioned Officer will be paid at the rate of pay for the
officer's level as at the commencement of the suspension.
(b) A suspended
Commissioned Officer is not entitled to incremental progression
(c) Where a
Commissioned Officer who was suspended without pay ceases to be suspended and
continues as a Police Officer, the officer will be paid for the period of
suspension at the officer's rate of pay for the officer's level as at the
commencement of the suspension, less any hardship payments that have been paid
to the officer.
(d) Where a
Commissioned Officer ceases to be suspended and continues as a Police Officer,
the officer has six months in which to comply with the requirements of this
clause 65 to achieve increment progression for which the officer would have
been eligible if not suspended. Where
the requirements are met, the officer will be paid increment entitlements
effective from the officer's incremental date, or, dates and the officer will
be eligible for the next increment on the officer's next increment date.
(e) Where an officer
does not achieve incremental progression in accordance with subclause (x) (d),
the officer will remain at the officer's then level until they achieve the
requirements for incremental progression.
On achieving the requirements for incremental progression the officer
will move to the next level and the date of that change will become the
officer's new incremental date for all future progression. An officer progressing in accordance with
this subclause will not be entitled to any incremental back pay.
(f) An officer will
be given appropriate training in order to achieve increment progression. Any subsequent failure to meet incremental
progression requirements will require the officer to undergo appropriate
remedial training.
4. This variation
shall take effect on and from 9 September 2009.
F.
MARKS J
____________________
Printed by the
authority of the Industrial Registrar.