Crown
Employees (Correctional Officers, Department of Corrective Services) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1691 of 2007)
Before Commissioner
Ritchie
|
25 March 2008
|
REVIEWED
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Conditions
Fixed by Other Instruments of Employment
5. Ranking
Structure
6. Salaries
7. Allowances
8. Progression
and Promotion
9. Increments
10. Hours of
Work
11. Shiftwork
12. Rostered
Days Off
13. Shift
Handover
14. Payment of
Salary
15. Overtime
16. Recreation
Leave and Compensation for Saturdays, Sundays and Public Holidays
17. Annual
Leave Loading
18. Higher
Duties
19. Permanent
part-time
20. Technological
change
21. Performance
Management
22. Occupational
Health and Safety
23. Dispute
resolution procedures
24. Professional
Conduct
25. Equity of
Employment
26. Harassment
Free Workplace
27. Anti-Discrimination
28. Deduction
of Association Membership and Legal Fund Fees
29. Savings of
rights
30. No further
claims
31. General
32. Area,
Incidence and Duration
Schedule A - Agreed Procedures for the Settlement of
Grievances and Disputes
Schedule B - Memorandum of Understanding for Correctional
Officers, Department of Corrective Services
2. Title
This Award shall be known as the Crown Employees
(Correctional Officers, Department of Corrective Services) Award.
3. Definitions
In this Award, unless the content or subject matter
otherwise indicates, the following definitions apply:
"Act" means the Public Sector Employment and
Management Act 2002, or its replacement.
"Assistant Commissioner" means the person
occupying or acting in the position of Assistant Commissioner.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Award" means this Award.
"Commissioner" means the Chief Executive Officer
of the Department, or a person acting in such position, as listed in Column 2
of Schedule 1 of the Act.
"Day Worker" means an Officer, other than a shift
worker, who works the ordinary hours from Monday to Friday inclusive between
the hours of 6.00 a.m. and 6.00 p.m.
"Department" means the Department of Corrective
Services as listed in Column 1 of Schedule 1 of the Act.
"Deputy Commissioner, Offender Management and
Operations" means the person occupying or acting in the position of Deputy
Commissioner, Offender Management and Operations.
"DPE" means the Director of Public Employment
established under Chapter 6 of the Act.
"General Manager" means the person occupying or
acting in the position of General Manager of a Correctional Centre or
Superintendent of a work location.
"Officer" means and includes all adult persons
employed under the provisions of the Act, substantively or temporarily, who on
the date of commencement of this Award were occupying one of the positions
covered by this award or who, after such date, are appointed to one of such
positions.
"Regulation" means the Public Sector Employment
and Management (General) Regulation 1996, or its replacement.
"Service" means continuous service in a position
covered by this Award.
"Shift worker - Continuous Shifts" means an
Officer engaged in work carried out in continuous shifts throughout the 24
hours of each of at least six consecutive days without interruption except
during meal breaks or due to unavoidable causes beyond the control of the
Commissioner.
"Shift worker - non-continuous Shifts" means an
Officer who is not a "day worker" or a "shift worker -
continuous shifts", as defined above.
4. Conditions Fixed
By Other Instruments of Employment
(i) The following
Awards, or their replacements, insofar as they fix conditions of employment
applying to officers covered by this Award, which are not fixed by this Award,
shall continue to apply:
Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006
Crown Employees (Transferred Employees Compensation)
Award
(ii) The following
Agreement made pursuant to section 130 of the Act, or its replacement, insofar
as it fixes conditions of employment applying to officers covered by this
Award, which are not fixed by this Award, shall continue to apply:
Crown Employees (Transferred Officers' Excess Rent
Assistance) Agreement No. 2354 of 1981.
(iii) Except as
expressly provided by this Award, and except where conditions are covered by
the Awards and the Agreement referred to in subclauses (i) and (ii) of this
clause, the conditions of officers shall be determined by the provisions of the
Act, the Regulation and the New South Wales Public Service Personnel Handbook,
or its replacement.
5. Ranking Structure
(i) Custodial
Officers:
Senior Correctional Officer
First Class Correctional Officer 2nd year and
thereafter
First Class Correctional Officer 1st year
Correctional Officer 2nd year and thereafter
Correctional Officer 1st year
Probationary Correctional Officer
(ii) Industrial
Officers:
Senior Overseer
Overseer 2nd year and thereafter
Overseer 1st year
6. Salaries
(i) Salaries
payable to officers covered by this Award shall be in accordance with the Crown
Employees (Public Sector - Salaries 2007) Award or an Award replacing it.
(ii) Salaries
prescribed in this clause include a component for the previously paid:
environmental allowance
special duties allowance
clothing and laundry allowances (except for hosiery)
7. Allowances
The following allowances are payable subject to the
conditions attached:
(i) Incidental -
this is to compensate for full participation in Area and Case Management,
including maintenance of Case Management files, training junior staff and
roster preparation (where appropriate), and for the progressive introduction of
electronic security and inmate monitoring systems.
(a) This allowance
shall be paid for all purposes. In the case of an officer acting in a higher
duties capacity, the higher allowance shall be payable only if the officer has
acted continuously in the position for more than four weeks, except for Senior
Correctional Officers rostered as Officer in Charge on "B" (night) or
"C" (afternoon) watches for consecutive periods of 4 (four) days or
more.
(b) Correctional
Officer
|
Per annum effective
first pay period
|
|
commencing on or
after
|
|
1 July 2007
|
|
$
|
Probationary
|
756
|
1st year
|
1,135
|
2nd year and thereafter
|
1,514
|
1st Class - 1st year
|
2,266
|
1st Class - 2nd year and thereafter
|
2,266
|
Senior Correctional Officer
|
3,777
|
(c) Industries and
Maintenance
Overseer
|
2,266
|
Senior Overseer
|
3,777
|
(d) This allowance
is not payable to Probationary Correctional Officers whilst in primary
training. It is payable from the date these officers enter on duty in a
correctional centre after graduation.
(ii) Meals - in
general, as shift workers, Correctional Officers are not entitled to meal
monies except whilst on overtime.
(iii) Mobile Work
Camps - an amount of $110 per day in addition to a normal shift payment at
single time is payable to an officer rostered on a mobile work camp. This is an
all incidence allowance to compensate for all out of hours activities for the
remaining 16 hours each day for, among other things, acquisition of additional
skills for training purposes, imparting skills to inmates, responsibilities for
the security of equipment on a 24 hour basis, absence from their families and
disabilities for being exposed to the elements.
(iv) Hosiery
allowance - an amount of $120 per annum is paid to female Correctional Officers
to compensate for the purchase of hosiery (which is not provided as part of the
standard issue of clothing).
(v) Should there be
a variation to the Crown Employees (Public Sector - Salaries 2007) Award, or an
award replacing it, during the term of this Award, by way of salary increase or
other benefit to the public service, this Award shall be varied to give effect
to any such salary increase, or other benefit, from the operative date of the
variation of the former Award or replacement award.
8. Progression and
Promotion
(i) Officers, whose
conduct and services are satisfactory, shall progress to the rank of
Correctional Officer, subject to completion of twelve (12) months service as a
Probationary Correctional Officer and having satisfactorily completed the
appropriate training course/s as determined by the Department.
(ii) Officers, who,
having completed 12 months service on the Probationary rate, and who are
refused progression to the rank of Correctional Officer, may request that the
decision be reviewed by the Deputy Commissioner, Offender Management and
Operations or delegate.
(iii) Officers, who
have completed twelve (12) months service on the 2nd year and thereafter rate
for Correctional Officer, shall progress to the rank of Correctional Officer,
1st Class, subject to the following criteria:
(a) Satisfactory
conduct and services;
(b) Completion of
appropriate training course/s as determined by the Department;
(c) Value, quality
and scope of the work performed warrants such progression.
N.B. Satisfactory
conduct and services includes, but is not limited to, the following:
(d) satisfactory
sick leave record;
(e) punctual
attendance;
(f) proper standard
of dress and grooming;
(g) no proven
misconduct charges in the previous twelve (12) months.
Value, quality and scope of work performed shall include:
(h) capacity to
undertake the more difficult posts with efficiency and economy;
(i) capacity to
supervise and direct junior officers;
(j) high standard
and accuracy of written reports;
(k) capacity to
interact in a positive manner with other officers;
(l) being
pro-active rather than reactive.
(iv) Provided that
officers who have not completed the training courses as determined under
paragraph (iii)(b) by reason only of Departmental exigencies shall not be
prejudiced in their eligibility to progress.
(v) Correctional
Officers, who, having completed 12 months service on the 2nd year and
thereafter rate, and who are refused progression to the rank of Correctional
Officer, 1st Class, may request that the decision be reviewed by the Deputy
Commissioner, Offender Management and Operations or delegate.
(vi) Promotion to
ranks above Correctional Officer, 1st Class, shall be in accordance with the
provisions of Chapter 2 of the Act.
9. Increments
(i) The payment of
increments under the scales of salaries prescribed by this Award shall be
subject to approval by the appropriate Assistant Commissioner or delegate and
pursuant to clause 16 of the Regulation
except where varied by this Award.
(ii) Four weeks
prior to the date on which an officer will become eligible for an annual
increment of salary, the General Manager shall report to the Assistant
Commissioner as to the conduct and manner in which the duties of the officer
have been performed.
(iii) In cases where
the recommendation of the General Manager is adverse to the granting of an
increment, and such recommendation has been approved by the Assistant
Commissioner, the officer shall have a right of appeal as provided for under
s.24 of the Government and Related Employees Appeal Tribunal Act 1980, or
its replacement.
10. Hours of Work
(i) The ordinary
hours of work for day workers shall be 38 hours per week averaged over a 28-day
roster cycle, to be worked Monday to Friday inclusive, provided that by
agreement between the parties ordinary hours up to a maximum of twelve (12)
hours per day may be worked without the payment of overtime. Meal allowances
are not applicable.
(ii) The ordinary
hours of work for shift workers shall be 38 hours per week averaged over a
28-day roster cycle, provided that shifts of up to twelve (12) hours may be
worked without the payment of overtime. Meal allowances are not applicable.
(iii) Time taken in
partaking of meals shall not count towards working time, unless such meal is
taken as a crib break.
(iv) A crib break is
an entitlement to a paid break of 20 minutes to be taken between the 3rd and
5th hour after the commencement of a shift.
The break is to be taken away from the direct work location wherever
possible (but still within the correctional centre or work location but away
from inmates) with officers being available to respond to any situation should
they be required during the 20 minute break.
(v) During the
Daylight Saving changeover, an officer working a rostered shift will receive
payment for a standard shift i.e. 8 hours plus shift allowance irrespective of
whether the hours actually on duty are 7 or 9.
However, if an officer is working an overtime shift, the officer is paid
the actual hours worked i.e. either 7 or 9 hours.
11. Shiftwork
(i) For the purpose
of this clause -
"Early Morning Shift" means any shift
commencing before 6.00 am.
"Afternoon Shift" means any shift finishing
after 6.00 pm and at or before midnight.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8.00 am.
(ii) Officers who
work shiftwork shall be paid the following allowances other than at weekends or
on public holidays:
Early morning shift
|
10%
|
Afternoon shift (C or D watch)
|
15%
|
Night Shift (B watch)
|
17½%
|
12. Rostered Days Off
(i) The hours of
work prescribed in clause 10, Hours of Work of this award shall be worked on
the basis of a rostered day off in each 20 working days of a 28-day roster
cycle. Officers shall accrue 0.4 of an hour each 8-hour day towards having the
20th day off with pay, subject to subclauses (iii) and (iv) of this clause.
(ii) An officer’s
rostered day off shall be determined by the Department having regard to the
needs of the establishment or sections thereof. Where practicable, rostered
days off shall be consecutive with other days off.
(iii) Once set, the
rostered day off may not be changed in a current 28-day roster cycle without
agreement between the officer and his or her supervisor. Where the rostered day off is changed by
agreement, another day shall be substituted in the current roster cycle. Should this not be practicable the rostered
day must be given and taken in the next roster cycle.
(iv) The maximum
number of rostered days off prescribed in subclause (i) of this clause shall be
12 days per annum. There shall be no accrual to a rostered day off during the
first four (4) weeks of recreation leave.
(v) All other paid
leave shall contribute towards the accrual of rostered days off except where
paid workers compensation and extended leave is current throughout the roster
cycle. Where an officer’s rostered day
off falls during a period of sick leave, the officer’s available sick leave
shall not be debited for that day.
13. Shift Handover
(i) The salaries
paid to Correctional Officers and the application of a 38-hour week recognises
that additional time may be involved for an officer at the time of shift
handover in:
(a) briefing
incoming officers.
(b) incoming
officers parading prior to relieving security posts, towers, etc.
(c) undertaking
weapons safety check in the presence of the incoming and outgoing officer.
(ii) There shall be
no overtime hours paid for this work.
14. Payment of Salary
(i) Officers shall
be paid according to an average of 38 ordinary hours per week, although more or
less than 38 ordinary hours may be worked in any particular week.
(ii) Officers shall
have their salaries paid into an account with a bank or other financial
institution in New South Wales, as nominated by the officer. Salaries shall be
deposited in sufficient time to ensure that monies are available for withdrawal
by officers no later than the appropriate payday.
15. Overtime
(i) The conditions
of the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2006 or its replacement shall apply, provided that in establishments where
extended ordinary hours and/or extended shift hours apply, officers working an
overtime shift of 8 hours or more shall be eligible for one (1) meal allowance
only.
16. Recreation Leave
and Compensation for Saturdays, Sundays and Public Holidays
(i) Officers
engaged as day workers shall be entitled to recreation leave in accordance with
the provisions of the Regulation and the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006, or its replacement.
(ii) Officers
engaged as shift workers - continuous shifts under this Award and who are
regularly required to perform rostered duty on Sundays and Public Holidays
shall receive the following compensation and be subject to the following
conditions:
(a) For ordinary
rostered time worked on a Saturday - additional payment at the rate of half
time extra.
(b) For ordinary
rostered time worked on a Sunday - additional payment at the rate of three
quarter time extra.
(c) When rostered
off on a public holiday - no additional compensation or payment.
(d) When rostered on
a public holiday and work performed - additional payment at the rate of half
time extra.
(e) Recreation leave
at the rate of six weeks per annum inclusive of any public holiday/s.
(f) Additional
payment on the following basis:
Number of ordinary
shifts worked on Sundays and/or
|
|
Public Holidays
during a qualifying period of twelve
|
Additional Payment
|
months from. 1
December one year to 30 November
|
|
the next year
|
|
4 to 10
|
1/5th of one week’s ordinary salary
|
11 to 17
|
2/5ths of one week’s ordinary salary
|
18 to 24
|
3/5ths of one week’s ordinary salary
|
25 to 31
|
4/5ths of one week’s ordinary salary
|
32 or more
|
One week’s ordinary salary
|
(iii) The additional
payment shall be made after the 1st December in each year for the preceding
twelve months, provided that:
(a) Where the
employment of an officer is terminated, or the officer resigns or retires, the
officer shall be entitled to be paid the additional payment that may have
accrued under this paragraph from the preceding 1st December until the date of
termination, resignation or retirement.
(b) Payment shall be
at the rate applying as at 1st December each year, or at the date of
termination, resignation or retirement.
17. Annual Leave
Loading
(i) The Annual
Leave loading payable to all Correctional Officers engaged as shift workers
shall be 20% in lieu of all other entitlements under this heading.
(ii) Annual Leave
loading payable to Correctional Officers who are day workers shall be paid in
accordance with the provisions of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006 or its replacement.
18. Higher Duties
(i) Subject to this
clause, an officer who is required to perform duties in a higher position
covered by this Award shall, provided the officer performs the whole of the
duties and assumes the whole of the responsibilities of the higher position, be
paid an allowance at the difference between the officer's present salary and
the salary prescribed for the higher position covered by this Award.
(ii) Officers
employed in the classification of Probationary Correctional Officer or
Correctional Officer shall not be entitled to be paid the allowance prescribed
in subclause (i) of this clause when performing duties of Correctional Officer
or Correctional Officer 1st Class.
(iii) An officer who
is required to perform duties in a higher position covered by the Crown
Employees (Senior Assistant Superintendents and Assistant Superintendents,
Department of Corrective Services) Award 2005 (or any award succeeding or
replacing that award) shall be paid an allowance equal to the difference
between the officer's present salary and 95% of the '5 day' salary prescribed
for the higher position. Any weekend or overtime penalty rates payable under
this award will be applicable to this higher duties allowance.
(iv) The higher
duties allowance payable under subclause (iii) of this clause shall be included
in salary for the purposes of calculating overtime only if the duties carried
out during the period of overtime are those of the higher position and provided
the salary and allowance does not exceed the maximum rate for Clerk Grade 8, as
varied from time to time, when the rate payable for directed overtime shall be
at the maximum rate for Clerk, Grade 8 plus $1.00.
(v) The higher
duties allowance payable under subclauses (i) and (iii) of this clause shall be
paid for each day the officer acts in the higher position.
(vi) The provisions
of paragraph (i)(a) of clause 7 Allowances of this award shall not apply to the
payment of higher duties.
19. Permanent
Part-Time
(i) The Department
is committed to providing part-time work opportunities where practicable. Such
arrangements should provide flexibility for effective use of resources and be
of benefit to staff.
(ii) Part-time
arrangements must be acceptable to both the Department and the officer and
shall be in accordance with the provisions of the Industrial Relations Act
1996 and the Flexible Work Practices Policy and Guidelines issued by the Public
Employment Office in October 1995.
20. Technological
Change
(i) The
introduction of technological changes shall be undertaken in accordance with
the provisions of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2006 or its replacement.
21. Performance
Management
(i) The
Departmental Performance Management System shall be used as a process of
identifying, evaluating and developing work performance. This will ensure the
Department meets its corporate objectives and, at the same time, will benefit
Officers by way of providing information, establishing agreed targets,
providing performance feedback and enhancing rapport with supervisors.
(ii) Any Officer
who fails to gain a satisfactory performance appraisal will be counselled and a
detailed developmental program will be negotiated to enable Officers to reach
satisfactory performance as outlined in the Departmental Performance Management
System.
22. Occupational
Health and Safety
(i) The parties to
this Award are committed to achieving and maintaining accident-free and healthy
workplaces by:
(a) assisting the
DPE and the Association in the development of policies and guidelines for the
Department on Occupational Health, Safety and Rehabilitation;
(b) the
implementation of such policies and guidelines within the Department;
(c) establishing
consultative mechanisms and structures within the Department, to identify and
introduce safe systems of work, safe work practices and working environments;
to develop strategies to assist the rehabilitation of injured staff members;
and to determine the level of responsibility to achieve these objectives. This
will assist to achieve the objects of the Occupational Health and Safety Act
2000, the Regulations and Codes of Practice made under this Act, and the Workplace
Injury Management and Workers Compensation Act 1998.
(d) identifying
training strategies for officers, as appropriate, to assist in the recognition,
elimination or control of workplace hazards and the prevention of work related
injury and illness.
(e) directly
involving the Commissioner in the provisions of paragraphs (a) to (d) of this
subclause.
(ii) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
23. Dispute
Resolution Procedures
(i) The
Grievances/Disputes Procedures as attached at Schedule A shall apply.
24. Professional
Conduct
(i) Officers shall
be committed to personal conduct and service delivery in accordance with the
principles, mission and corporate objectives as expressed in the departmental
Corporate Plan.
(ii) Officers shall
perform their duties diligently, impartially and conscientiously to the best of
their ability by complying with the Departmental Code of Conduct in the
performance of their duties.
(iii) All Officers
will be professional in their conduct with the public, other staff and inmates.
(iv) Officers shall
comply with the requirements of the Departmental Dress Manual and will ensure
their dress and grooming are of the highest standard.
25. Equity of
Employment
(i) The parties are
committed to providing a work environment which promotes the achievement of
equity and the elimination of discrimination in employment.
(ii) Officers with
supervising responsibilities shall ensure that all staff under their
supervision are treated equitably and without bias or prejudice.
26. Harassment Free
Workplace
(i) The parties are
committed to ensuring that officers work in an environment free of harassment.
Harassment on the grounds of sex, marital status, pregnancy, race, culture or
ethno-cultural background, disability or perceived disability (including
HIV/AIDS), age, homosexuality or perceived homosexuality, transgender or
perceived transgender is unlawful in terms of the Anti-Discrimination Act
1977.
(ii) Harassment is
any repeated, uninvited or unwelcome behaviour directed at another person. The
effect of harassment is to offend, annoy or intimidate another person and to
make the workplace uncomfortable or unpleasant.
(iii) Harassing
behaviour is unacceptable and disruptive to the well-being of individuals and
workplace productivity.
(iv) Harassment on
any grounds including, but not limited to, sex, marital status, pregnancy,
race, culture or ethno-cultural background, disability or perceived disability
(including HIV/AIDS), age, homosexuality or perceived homosexuality,
transgender or perceived transgender will not be condoned by the Department or
the Association.
(v) Correctional
Officers shall prevent all forms of harassment by setting personal examples, by
ensuring proper standards of conduct are maintained in the workplace and by
taking immediate and appropriate measures to stop any form of harassment of
which they may be aware.
(vi) All
Correctional Officers are required to refrain from perpetuating, or being party
to, any form of harassment.
(vii) Where a claim
of harassment is made, and with consultation with the Association, and the
Department considers there is reasonable grounds for considering harassment has
occurred, the alleged offending officer is to be transferred to another work
location until the matter is fully investigated.
27.
Anti-Discrimination
(i) 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.
(ii) 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.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an officer because the officer has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) 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.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
Notes:
(a) The Department
and its officers may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
28. Deduction of
Association Membership and Legal Fund Fees
(i) The Association
shall provide the Department with a schedule setting out the Association’s
fortnightly membership and legal fund fees payable by members of the
Association in accordance with the Association rules.
(ii) The
Association shall advise the Department of any change to the amount of
fortnightly membership and legal fund fees made under its rules. Any variation
to the schedule of the Association’s fortnightly membership and legal fund fees
shall be provided to the Department at least 28 days in advance of the
variation taking effect.
(iii) Subject to
subclauses (i) and (ii) of this clause, the Department shall deduct the Association’s
fortnightly membership and legal fund fees from the pay of any officer who is
an Association member in accordance with the Association’s rules, provided the
officer has authorised the Department to make such deductions.
(iv) Monies so
deducted from the officer’s pay shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to the officer’s membership accounts.
(v) Unless other
arrangements are agreed to by the Department and the Association, all
Association membership and legal fund fees shall be deducted by the Department
on a fortnightly basis.
29. Savings of Rights
(i) At the time of
the making of this Award, no officer covered by this Award will suffer a
reduction in his or her rate of pay or any loss or diminution in his or her
conditions of employment as a consequence of the making of this Award.
30. No Further Claims
(i) It is a
condition of this Award that the Association undertakes for the duration of the
life of this Award not to pursue any extra claims, award or over award, with
respect to Correctional Officers.
31. General
(i) Nothing in this
Award shall be construed as restricting the Commissioner to alter the duties of
any position or to abolish any position covered by this Award in consultation
with the Association.
32. Area, Incidence
and Duration
(i) This Award
shall apply to all officers as defined in clause 3, Definitions, of this Award.
(ii) This Award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Crown Employees (Prison Officers, Department of
Corrective Services) Award published 18 February 2005 (348 I.G. 587) and all
variations thereof.
(iii) 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 the New South Wales on 28 April
1999 (310 I.G. 359) take effect on and from 25 March 2008.
(iv) This award
remains in force until varied or rescinded the period for which it was made
having already expired.
(v) The Prison
Officers (Settlement of Grievances and Disputes) Agreement, Agreement No. 2471
of 1984 is rescinded and replaced by Schedule A of this award.
SCHEDULE A
Agreed Procedures
for Settlement of Grievances and Disputes
1. Objectives
1.1 The object of
these procedures is the improvement of industrial relations and the development
of a spirit of co-operation within the Department.
1.2 The parties
acknowledge the desirability, in the interests of all concerned of industrial
claims being dealt with expeditiously and without resort to industrial action.
1.3 It is the
intention that as Corrective Services is an essential service industry,
problems and disputes should be resolved by discussion and the adoption of
common-sense solutions rather than by the resort to industrial action.
1.4 It is recognised
that proper consultation and communication within the Department are of the
utmost importance for its effective operation and for the administration of its
functions.
1.5 There shall be
co-operation at all levels to ensure the final resolution of disputes
expeditiously.
1.6 Compliance with
the spirit and intent of this agreement as well its terms, is accepted as
essential to the achievement of a better working atmosphere for Correctional
Officers and to ensuring a stable environment for inmates.
1.7 The officials of
the POVB and of the sub-branches shall be recognised as having, within their
respective spheres, an essential role and responsibility in the handling of
industrial disputes and in representing Correctional Officers, but with due
regard to their responsibilities as Correctional Officers.
1.8 These procedures
are not intended to limit the powers of tribunals under the Industrial
Relations Act 1996 but are designed to facilitate the process of
conciliation and the settlement of industrial disputes by amicable arrangements
as envisaged by the Industrial Relations Act 1996. All matters filed
pursuant to the Industrial Relations Act 1996 shall be dealt with in
accordance with it.
1.9 It is the
intention that normally the agreed procedure shall be followed in processing
industrial disputes but it may be necessary by agreement to by-pass some of the
steps in the procedure in attempting to achieve a speedy resolution in specific
instances.
2. Definitions
In this Schedule, the definitions as listed in Clause 3
Definitions of the Crown Employees (Correctional Officers, Department of
Corrective Services) Award shall apply. In addition to those definitions, the
following definitions shall also apply:
2.1 "POVB"
means the Prison Officers’ Vocational Branch of the Association.
2.2 "Sub-branch"
means the sub-branch of the POVB covering the workplace concerned.
2.3 "Industrial
dispute" means a dispute or claim with regard to or affecting the
conditions of employment of Correctional Officers.
2.4 "Industrial
action" includes a refusal to work or the imposition of work bans or
limitations.
2.5 "Workplace"
includes correctional centre, periodic detention centre, courts, head or
regional office.
2.6 "Working
days" means days on which the office of the Department is open for
business.
2.7 "Management
Committee" means the Management Committee of the POVB.
2.8 "State
Executive" means such of the Chairman, Vice Chairman and Hon. Secretary of
the POVB (whose election has been notified by the Association to the
Department) and Country Vice Chairman as are at the time available.
2.9 "Sub-branch
Executive" means such of the duly elected Executive of the sub-branch
(whose election has been notified to the General Manager of the workplace
concerned) as are at the time available.
2.10 "Officials"
means in the case of the POVB the State Executive and in the case of a
sub-branch the sub-branch executive or such of the members of the respective
bodies as are at the time available.
2.11 "Local
issue" means an industrial claim which relates solely to a particular
workplace.
2.12 "State-wide
issues" means any industrial dispute which is not a local issue or is one
which directly affects Correctional Officers at more than one workplace.
3. Procedure in Local
Issues
3.1 The sub-branch
Executive shall immediately notify the General Manager of the existence of any
industrial dispute or of any resolution passed at a meeting of members of a
sub-branch and which may give rise to an industrial dispute.
3.2 The General
Manager, as the person responsible for the day-to-day running of the workplace,
shall endeavour to resolve the matter in discussion with the sub-branch
Executive or in the case of the Long Bay Correctional Complex with an official
of the sub-branch and a local workplace delegate.
3.3 If any industrial
dispute cannot be resolved at this level the matter shall be referred to the
Assistant Commissioner who shall attempt to resolve the matter.
3.4 The Assistant
Commissioner shall advise the Deputy Commissioner Offender Management and
Operations and the Director Workforce Relations immediately of any matter which
is likely to lead to an industrial dispute or which affects the conditions of
employment of Correctional Officers and which cannot be satisfactorily dealt
with by the General Manager or the Assistant Commissioner. The Deputy
Commissioner Offender Management and Operations shall immediately seek to
resolve the matter.
3.5 If any
industrial dispute cannot be resolved locally between the sub-branch Executive
and the General Manager,, the Assistant Commissioner, or by the Deputy
Commissioner Offender Management and Operations, the State Executive shall be
advised accordingly by the sub-branch Executive. The State Executive shall consider the matter promptly and, after
discussion if necessary with the sub-branch Executive, shall refer the same to
the Association.
3.6 The Association
and the Department shall each immediately notify the other of any industrial
dispute which is referred to either of them and shall take prompt steps seeking
to resolve the dispute by consultation.
3.7 If the
Association and the Department are unable to resolve the dispute it shall be
immediately notified by one of the parties, pursuant to the Industrial
Relations Act 1996, to be dealt with in accordance with the Industrial
Relations Act 1996.
4. Procedure in
State-Wide Issues
4.1 Any resolution
of a sub-branch which is endorsed by the State Executive or any resolution of
the management committee which may lead to an industrial dispute, shall be
referred by the officials concerned to the Association which shall notify it to
the Department. The Association and the
Department shall take prompt steps seeking to settle the matter by
consultation.
4.2 If the
Association and the Department are unable to resolve the dispute it shall be
immediately notified by one of the parties pursuant to the Industrial
Relations Act 1996 to be dealt with in accordance with the Industrial
Relations Act 1996.
5. General Procedures
5.1 The agreed
procedures shall not be taken as an acknowledgement that industrial action by
Correctional Officers will be necessary or proper.
5.2 All sub-branch
meetings shall be fully advertised with as much notice as possible. The General
Manager shall be given proper and adequate notice of any sub-branch meeting
which it is proposed to hold.
5.3 If a resolution
be carried at any sub-branch meeting calling for or suggesting industrial
action, the sub-branch Executive shall immediately notify the State Executive
and the Association of the terms of the resolution and it shall not be
implemented until all the agreed procedures have been completed.
5.4 At least 3 clear
working days’ notice shall be given by the State Executive to the Association
and the Department of any intention or proposal for all or any members of the
POVB to take industrial action.
5.5 No industrial
action shall be taken until the agreed procedures have been completed or until
a dispute notified pursuant to the Industrial Relations Act 1996 has
been heard and determined.
5.6 The Department maintains
that as it has the responsibility for the direction, control and management of
workplaces, it has the right itself or through its appropriate Executive Staff
to make the necessary management decisions.
5.6.1 Nevertheless the
Department acknowledges the desirability of employees being consulted before
the introduction of changes or innovations which will have a significant impact
upon established work practices and procedures affecting Correctional
Officers. It is accepted that the term
significant impact is difficult to define and may convey different meanings to
different people but it is intended to indicate changes which have a real and
important as distinct from a minor or incidental effect on Correctional
Officers.
5.6.2 As a gesture of
its good intentions and in recognition of the willingness of the Correctional
Officers to agree not to resort to industrial action and of the declared
intention of the Association and the Correctional Officers to adhere to these
procedures, the Department undertakes that:
(a) the Association
will be advised of any such changes or innovations which are to be introduced
where they affect more than one workplace.
(b) the Sub-branch
Executive will be advised by the General Manager of any such changes or
innovations proposed within a workplace other than on a day-to-day basis.
5.6.3 In the event of
the Association or the POVB, or the sub-branch as the case may be, requesting
consultation such consultation shall take place before the changes or
innovations are made.
5.6.4 If there is
continuing disagreement between the Association and the Department with regard
to any such proposed change or innovation notification of the dispute shall be
given pursuant to the Industrial Relations Act 1966. The proposed change
or innovation shall not be implemented by the Department until the matter has
been referred to and dealt with by the Industrial Relations Commission.
5.6.5 There is no
expectation that matters which are clearly within the prerogative of management
will be decided by that Commission nor that it would substitute its view for
that of management but it is anticipated that the Industrial Relations
Commission could consider taking action where the issue clearly called for its
involvement.
5.6.6 The Department
reserves the right to implement a change before completion of the agreed
procedures if there be special circumstances which make the postponement of the
change unreasonable.
5.6.7 No party shall be
prejudiced as to the final settlement by action in conformity with the agreed
procedures.
5.7 While the agreed
procedures are being pursued, work shall proceed without interruption and in
accordance with the instructions of the General Manager.
5.8 Nothing in the
agreed procedures is intended to limit the right of any party from at any stage
referring the matter pursuant to the Industrial Relations Act 1996.
6. Safety and
Security
6.1 The policy of
the Association is that no officer shall be required to work in a position
which is unsafe but it does not support any reliance upon a pretext of safety
to justify a refusal of duty where no real personal risk is involved. Accordingly notwithstanding the agreed
procedures the Association upholds the right of Correctional Officers to vary
the procedures where the safety of officers genuinely arises.
6.2 The nature of
the occupation of Correctional Officers is such that there is a constant risk
of an attack upon a Correctional Officer by an inmate and the Department
accepts its obligation to take proper precautions to ensure the safety at work
of its officers. However, it claims the
right ultimately to decide the arrangements which are appropriate for ensuring
the safety of the officers and it regards the running of each workplace in the
most efficient manner and the staffing of posts on a day-by-day basis is to be
the responsibility of the General Manager but consistent with the Department’s
policy that a "sight or sound" principle be observed in maximum
security (A category) correctional centres. It is recognised that there will be
genuine differences of opinion on questions of the safety of officers and the
staffing of posts. A resolution of any
of these differences is to be sought by a proper consideration of all aspects
of the issue.
6.3 No officer shall
leave an armed post or agreed security post unstaffed until relieved by another
officer or by another person authorised by the General Manager who shall
arrange such relief within the period which has previously been agreed with the
sub-branch Executive.
Schedule B
MEMORANDUM OF
UNDERSTANDING FOR CORRECTIONAL OFFICERS, DEPARTMENT OF CORRECTIVE SERVICES
This Memorandum of Understanding:
(i) Regulates the
conditions of service of Correctional Officers, as defined in the Crown
Employees (Correctional Officers, Department of Corrective Services) Award,
other than those conditions of service reflected in the aforementioned Award.
(ii) Is
complementary to the Consent Award and covers issues excluded, in whole or
part, from the Award, but that still pertain to certain aspects of conditions
of employment.
(iii) Reflects the
agreed position between the Commissioner of the Department of Corrective
Services and the General Secretary of the Public Service Association of NSW.
(iv) Provides a
framework for consultation between the Department and the Association to
monitor progress on issues and changes.
Intent
The parties acknowledge that the Award and Memorandum of
Understanding have been entered into on the basis of a shared commitment to the
achievement of a progressive and professional correctional management within
the Department. In this pursuit, the Award and Memorandum of Understanding
consolidate existing conditions of service and introduce changes to some of the
terms and conditions of service of Correctional Officers in order to increase
productivity and flexibility and to enhance the professional development of
these officers.
Key Initiatives of the Award and Memorandum of Understanding
The Award and the Memorandum of Understanding are based on
the following key initiatives:
a continued commitment to Area and Case Management and the
development of a professional correctional service;
to introduce an incidental allowance for Correctional
Officers to compensate for additional responsibilities;
to provide appropriate training and career development
opportunities for Correctional Officers;
introduction of cyclic rostering subject to a successful
trial and subsequent agreement between the parties;
cessation of entitlement to rations;
contracting out of the purchasing function of the inmate buy
ups;
to introduce a performance management system;
reduction in the number of positions as agreed by the
parties;
restructuring of positions within Corrective Services
Industries covered by this Award;
joint participation in the Custodial Workplace Committee
(CWC) to undertake a review to promote work safety, staff welfare, mental and
physical health promotion and support;
to encourage the orderly and amicable settling of
differences;
to promote a workplace that is free from prejudice,
discrimination and harassment.
The parties agree to the following provisions applying
during the term of the Consent Award or until varied by agreement between the
parties:
1. Family Day
The Department agrees to continue to allow officers to
attend, on one occasion per year, the departmentally arranged family day. Due to the requirement to maintain service
to the correctional centres a family day is arranged twice a year. An officer’s attendance at family day is at
departmental convenience.
2. Skills and Career
Development
(i) It is the aim
of the parties that Correctional Officers shall be provided with the maximum
opportunities for training and development such that they will form a highly
skilled and committed workforce, enjoying maximum job satisfaction. An integral
part of this process shall be consultation with the Association and individual
officers. Correctional Officers recognise that their individual career
development is a joint responsibility, shared between the officer and the
Department.
(ii) The Department
agrees to set up a joint working party to review the training requirements of
all Correctional Officers.
(iii) Correctional
Officers will move between tasks and functions within a correctional centre or
work location and within their appointed rank in order to develop their skills
and/or to apply such skills to meet the aims and objectives of the Department.
(iv) Correctional
Officers, by mutual agreement, will move between tasks and functions within
their appointed rank in order to develop their skills and/or to apply such
skills to meet the aims and objectives of the Department, provided that in
moving these officers between tasks and functions the Department, Association
and POVB will have regard to the career development needs of individuals; the
efficient organisation of work; and personal, family and geographic
considerations.
(v) Processes will
be adopted to facilitate the skills enhancement and career development
opportunities of Correctional Officers, whilst improving the effectiveness of
the Department. Without limiting the development of further initiatives, the
following processes shall be utilised:
temporary filling of vacant positions;
job rotation;
transfers;
secondment;
provision of training relevant to the needs of the
individual and the requirements of the Department.
(vi) Subclauses (i)
- (v) do not replace the Commissioner’s authority to exercise discretion to
invoke transfers in accordance with section 87 of the Public Sector
Employment and Management Act 2002 to meet Departmental staffing
requirements.
3. Transfers
(i) Requests for
transfers on compassionate grounds are at the expense of the officer.
(ii) Other requests
for transfers will be in accordance with the Departmental Base Grade Prison
Officer Transfer Policy.
(iii) Transfers at
the rank of Senior Correctional Officer will be by consultation between the
parties.
(iv) Subclauses
(i)-(iii) do not replace the Commissioner’s authority to exercise discretion to
invoke transfers in accordance with section 87 of the Public Sector
Employment and Management Act 2002 to meet Departmental staffing
requirements.
4. Consultative
Mechanisms
The parties are prepared to discuss all matters raised which
are designed to increase flexibility and enhance the smooth running of the
Department’s operations. A consultative committee will be established
consisting of management, Association and POVB representatives. This committee
will meet on a regular basis to discuss any matter relevant to the operation of
this Award or Memorandum of Understanding or any other matter considered
relevant to the maintenance and improvement of employee relations between the
parties during the terms of this Award and Memorandum of Understanding, and
thereafter.
5. Meal Allowances
Meal monies - generally
(i) Correctional
Officers are not entitled to payment of meal monies under Part 5 Division 3
Meal Allowances of the Public Sector Employment and Management (General)
Regulation 1996 as clause 39 states:
"This Division does not apply to a person:
(a) who is engaged
in regular shift work, and
(b) who is entitled
to an allowance of the kind referred to in this Division under a State
industrial instrument or public service determination."
(ii) Security Unit
personnel, escort crews, Strategy To Eliminate Drugs (STED), Internal
Investigations Unit (IIU) and Dog Unit personnel have areas of responsibility
and when operating within those areas they are considered to be performing
normal duties. They are required as part of their normal duties to travel to
other locations and are supplied with a departmental vehicle to undertake the
travel. In the case of the Dog Unit, they are supplied with a departmental
vehicle to ensure that they are able to respond directly from their residences.
However points (iii)-(vii) hereunder will also apply where appropriate.
Exceptions
Meal monies - Overtime
(iii) An allowance
at the rate equivalent to the Dinner rate for overtime under the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2006 is
payable to officers working double shifts as per approval from the then Public
Service Board in 1979.
(iv) An allowance at
the rate equivalent to the Breakfast rate for overtime under the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2006 is
payable to officers who are called for duty on overtime at least 1 hour before
their rostered starting time and who are required to commence this overtime at
or before 6.00 am.
(v) An allowance at
the rate equivalent to the Dinner rate for overtime under the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006 is payable to
officers who are required to work a minimum of 1½ hours overtime at the end of
their rostered shift and such overtime continues beyond 6.00 pm as per approval
from the then Public Service Board in 1980.
Inability to take a meal break between the 3rd and 5th
hour - Transport Branch only
(vi) An amount
equivalent to the rate for Lunch money for overtime under the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006 for "A"
watch and Dinner money for "C" watch will be paid to those officers
who are unable to take a twenty minute paid crib break away from the
supervision of inmates between the third and fifth hour from the commencement
of a shift.
(vii) This allowance
will be paid in lieu of overtime and will only occur in emergency or extreme
circumstances as the Department is obliged to provide appropriate breaks in
accordance with OH & S requirements.
6. Operational
Agreements
That the parties will develop an Operational Agreement or
equivalent, at each correctional centre or each relevant workplace.
NOTE: The Memorandum of Understanding made on 19 February
1998 and published with the Crown Employees (Prison Officers, Department of
Corrective Services) Award on 5 March 1999 (308 IG 557) has been updated by the
s19 Review of the Award in IRC No. 1691 of 2007. The clauses for Professional Conduct, Equity of Employment,
Harassment Free Workplace and Performance Management have been relocated into
the Award.
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.