CROWN EMPLOYEES (POLICE OFFICERS - 2005) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Police.

 

(No. IRC 3432 of 2005)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.      Subject Matter

 

Division 1 - General

 

1.         Arrangement

2.         No Further Claims

3.         Definitions

4.         Commitment to Professional and Ethical Conduct

5.         Anti-Discrimination

6.         Inspection of Award

7.         Existing Privileges

8.         Salary Sacrifice to Superannuation and other Employee Benefits

9.         Top-up Supplementation of Workers’ Compensation

10.       Deduction of Police Association of New South Wales Membership Fees

11.       Travelling Allowances

12.       Provision of Quarters

13.       Remote Area - Living Allowances

14.       Part-time Employment

15.       Local Arrangements

 

Division 2 - Leave

 

16.       Leave Generally

17.       Applications for Leave

18.       Annual Leave

19.       Extended Leave

20.       Sick Leave

21.       Sick Leave to Care for a Family Member

22.       Maternity Leave

23.       Parental Leave

24.       Adoption Leave

25.       Accrual of Leave while on Maternity, Parental or Adoption Leave

26.       Incremental Progression while on Maternity Leave, Adoption Leave or Parental Leave

27.       Family and Community Service Leave

28.       Leave without Pay

29.       Military Leave

30.       Special Leave

 

Division 3 - Association Activities

 

31.       Association Activities regarded as Special Leave

32.       Association Activities regarded as on Duty

33.       Association Training Courses

 

Division 4 - Non-Commissioned Officers

 

34.       Salaries

35.       Loading

36.       Leading Senior Constables

37.       Sergeants’ and Senior Sergeants’ Salary Restructure and Transition

38.       Detectives’ Salary Structure and Transition

39.       Special Duties Allowance

40.       Professional/Academic Qualification Allowance

41.       On Call Allowances

42.       Hours of Duty

43.       Shift Allowance

44.       Meals

45.       Overtime

46.       Recall to Duty

47.       Court Attendance between Shifts

48.       Lockup Keepers’ or Sole Detective’s Recall

49.       On call Detectives Recall

50.       Penalty Provisions not Cumulative

51.       Travelling Time

52.       Time in Lieu of Payment of Travelling Time and Overtime

53.       Relieving Duty

54.       Public Holidays

55.       Competency Based Incremental Progression

56.       Provision of Uniform

57.       Air Travel

58.       Lockers

59.       Work of a Menial Nature

 

Division 5 - Commissioned Officers

 

60.       Salaries

61.       Inspectors’ Salary Restructure and Transition

62.       Superintendents’ Salary Restructure and Transition

63.       Hours of Duty

64.       Fixed Term Appointment

65.       Non-Renewal Benefit

66.       Competency Based Incremental Progression

67.       Relieving Duty

68.       Travelling Time

 

Division 6 - Disputes/Grievance Settlement Procedure

 

69.       Disputes/Grievance Settlement Procedure

 

 

 

Division 7 - Leave Reserved

 

70.       Leave Reserved

 

Division 8 - Area, Incidence and Duration

 

71.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Non-Commissioned Officers’ (Other than Detectives) Salaries

Table 2 - Detectives’ Salaries

Table 3 - Commissioned Officers’ Salaries

Table 4 - Travelling Allowances

Table 5 - Remote Areas - Living Allowance

Table 6 - Detectives’ Special Allowance

Table 7 - Special Duties Allowances (Non-Commissioned Officers)

Table 8 - Professional/Academic Qualification Allowance

Table 9 - On-Call Allowances (Non-Commissioned Officers)

Table10 - Meal Allowances (Non-Commissioned Officers)

Table11 - Stocking Allowance (Non-Commissioned Officers)

Table12 - Plain Clothes Allowances (Non-Commissioned Officers)

 

Schedule 1 - Schedule of Awards referred to in clause 71 Area, Incidence and Duration.

 

Division 1 - General

 

2.  No Further Claims

 

(i)         This Award provides for:

 

(a)        pay increases of 4% with effect from the beginning of the first full pay period to commence on or after 1 July 2005, 2% with effect from the beginning of the first full pay period to commence on or after 1 July 2006, 2% with effect from the beginning of the first full pay period to commence on or after 1 January 2007, 2% with effect from the beginning of the first full pay period to commence on or after 1 July 2007, and 2% with effect from the beginning of the first full pay period to commence on or after 1 January 2008;

 

(b)        new salary scales for Detectives, Sergeants, Inspectors and Superintendents from the first full pay period to commence on or after 1 July 2006, and

 

(c)        enhanced extended, maternity, parental and adoption leave conditions for officers who  have an entitlement to commence the relevant form of leave on or after 1 July 2005.

 

(ii)        The next Award shall commence on 1 July 2008 and provide for a 2% pay increase with effect from the beginning of the first full pay period to commence on or after 1 July 2008 and 2% with effect from the beginning of the first full pay period to commence on or after 1 January 2009;

 

(iii)       The pay increases and enhanced conditions in subclauses (i) and (ii) above arise from the agreement of the parties as contained within the 2005 Memorandum of Understanding between the Commissioner of

 

(iv)       Except as prescribed in Clause 70, Leave Reserved, the pay increases and enhanced conditions provided by this Award are premised on the basis that there shall be no new salaries or conditions claims arising from negotiations of productivity and efficiency improvements covered by the Memorandum of Understanding referred to in subclause (iii) above.

3.  Definitions

 

(i)         "Officer" or "Officers" means - and includes all persons appointed pursuant to the Police Act 1990, to be a police officer member of New South Wales Police, including probationary constables, who as at the date of operation of this Award were occupying a position or rank specified in this Award, or who after that date are appointed to such a position or rank, but excluding those police officers employed as members of New South Wales Police Senior Executive Service.

 

(ii)        "Non-Commissioned Officer" means - and includes all persons defined as officers in subclause (i) above who are employed in a non-commissioned capacity, as prescribed by section 3, "Definitions", of the Police Act 1990.

 

(iii)       "Commissioned Officer" means - and includes all persons defined as officers in subclause (i) above who are employed in a commissioned capacity, as prescribed by section 3, "Definitions", of the Police Act 1990.

 

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

 

(v)        "Service" means - continuous service. Future appointees shall be deemed to have the years of service indicated by the salaries at which they are appointed.

 

(vi)       "Association" means - the Police Association of New South Wales.

 

(vii)      "Flexible Rostering Guidelines" means - the guidelines agreed between the parties for the operation of flexible rosters, including the administration of leave, as varied from time to time by agreement.

 

(viii)     "Local Arrangements" means - an agreement reached at the sub-organisational level between the Commissioner and the Association in terms of clause 15 Local Arrangements of this Award.

 

(ix)       "Detective" means - A Non-Commissioned Officer who is designated as a Detective or is currently undertaking or prepared to undertake the Detectives Education Program and who is permanently appointed to the duty type of Criminal Investigation.

 

(x)        "Leading Senior Constable" means - and includes those Non-Commissioned Officers employed by New South Wales Police, who on or after the date of operation of this Award are appointed as a Leading Senior Constable in accordance with clause 36 of this Award.

 

4.  Commitment to Professional and Ethical Conduct

 

(i)         Officers shall maintain the highest possible standards of professional and ethical conduct.

 

(ii)        It is the responsibility of officers to be fully conversant with New South Wales Police Code of Conduct and Ethics and to ensure their actions are fully informed by the requirements of the Code.

 

(iii)       Officers shall be responsible for maintaining the currency of their professional knowledge and be pro-active in maintaining the requisite competencies for incremental progression.

 

(iv)       For its part New South Wales Police will fully support officers who report corrupt, unethical or unprofessional conduct and those officers who make honest mistakes in the course of their duties.

 

5.  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, responsibilities as a carer, and age.

 

(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 employee because the employee 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:

 

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

 

(b)        offering or providing junior rates of pay to persons less than 21 years of age;

 

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

 

(d)        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 the legislation referred to in this clause.

 

NOTES:

 

(a)        Employers and employees may also be subject to Commonwealth anti discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act effects. any other act or practice of a body established to propagate religion that conforms with the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

6.  Inspection of Award

 

A copy of this Award shall be available for inspection by officers at each Branch, Station or other place of attachment.

 

7.  Existing Privileges

 

Except so far as altered expressly or by necessary implication, this Award is made on the understanding that all other existing privileges and conditions not specified herein shall continue during its currency.

 

8.  Salary Sacrifice to Superannuation and Other Employee Benefits

 

(i)         With respect to Non-Commissioned Officers, "salary" for the purposes of this clause, means the "Loaded Salary" prescribed by Table 1 - Non-Commissioned Officers' (Other than Detectives) Salaries of Part B, Monetary Rates and Table 2 - Detectives’ Salaries of Part B, Monetary Rates.  With respect to Commissioned Officers, "salary", for the purposes of this clause, means the "all up" salaries prescribed by Table 2 - Commissioned Officers' Salaries of Part B, Monetary Rates

 

(ii)        An officer may elect, subject to the agreement of New South Wales Police, to sacrifice a portion of their salary, as defined in subclause (i), to additional superannuation contributions and/or any other employee benefit(s) as approved from time to time by the Director General, Premiers Department, New South Wales must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed must not exceed 50 per cent of the salary payable, as defined, or 50 per cent of the currently applicable superannuable salary, whichever is the lesser.  In this clause, "superannuable salary" means the officer’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

(iii)       Where the officer has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions and/or other approved employee benefit(s):

 

(a)        the officer shall be provided with a copy of the signed agreement; the Salary Packaging Agreement may be terminated at any time at the officer’s election; the Salary Packaging Agreement ceases on termination of the officer’s service with New South Wales Police;

 

(b)        subject to Australian Taxation Law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion; and

 

(c)        any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payment of 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 an officer’s salary, shall be calculated by reference to the salary which would have applied to the officer in the absence of any salary sacrifice to superannuation and/or any other approved employee benefit(s) made under this Award.

 

(iv)       An officer may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions:

 

(a)        paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

 

(b)        subject to the employer’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.

 

(v)        Where an officer elects to salary sacrifice in terms of subclause (ii) above New South Wales Police will pay or will arrange to have paid the sacrificed amount into the relevant superannuation fund and/or towards any other approved employee benefit(s).

 

(vi)       Where an officer is a member of a superannuation scheme established under:

 

(a)        the Police Regulation (Superannuation) Act 1906;

 

(b)        the Superannuation Act 1916;

 

(c)        the State Authorities Superannuation Act 1987;

 

(d)        the State Authorities Non-Contributory Superannuation Act 1987; or

 

(e)        the First State Superannuation Act 1992,

 

New South Wales Police must ensure that the amount of any additional employer superannuation contributions and/or the value of any other approved benefit(s) as prescribed in subclause (ii) above is included in the officer’s superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations.

 

(vii)      Where, prior to electing to sacrifice a portion of their salary to superannuation and/or any other approved benefit(s), an officer had entered into an agreement with New South Wales Police to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (vi) above, New South Wales Police will continue to base contributions to that fund on the salary payable to the same extent as applied before the officer sacrificed a portion of that salary to superannuation and/or any other approved employee benefit(s). This clause applies even though the superannuation contributions made by New South Wales Police may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

9.  Top-Up Supplementation of Workers’ Compensation

 

(i)         This clause shall apply to officers who commenced employment with New South Wales Police on or after 1 April 1988 and who are in receipt of workers compensation payments pursuant to the Workers Compensation Act 1987 with respect to any injury or illness arising out of or in the course of their employment as a police officer.

 

(ii)        New South Wales Police shall pay to any officer, as defined in sub-clause (i) above, the difference between the statutory amount of any workers compensation payments received by the officer and the ordinary rate of pay of the officer.

 

(iii)       The officer’s entitlement to sick leave shall not be affected by this clause.

 

(iv)       The provisions of this clause shall only apply whilst ever an officer remains as an employee of New South Wales Police.

 

10.  Deduction of Police Association of New South Wales Membership Fees

 

New South Wales Police shall deduct Association membership fees from the salaries of officers who are members of the Association and have signed the appropriate authority. Unless New South Wales Police and the Association agree to other arrangements, Association membership fees shall be deducted and forwarded directly to the Association on a fortnightly basis.

 

11.  Travelling Allowances

 

(i)         The Commissioner shall require officers to obtain an authorisation for all official travel prior to incurring any travel expense.

 

(ii)        Where available at a particular centre or location, the overnight accommodation to be occupied by officers who travel on official business shall be the middle of the range standard, referred to generally as three-star or three-diamond standard of accommodation.

 

(iii)       An officer who performs official duty from a temporary work location shall be compensated for accommodation, meal and incidental expenses properly and reasonably incurred during the time actually spent away from the officer’s residence in order to perform that duty.

 

(iv)       For the first 35 days, the officer may claim either:

 

(a)        the appropriate rate of allowance specified in Item 1 of Table 4, Part B, Monetary Rates, for every period of 24 hours absence by the officer from their residence; and the rate of meal allowances specified in Item 3 of Table 4 of Part B, Monetary Rates (excluding morning and afternoon teas) for any residual part day travel; or

 

(b)        actual expenses, properly and reasonably incurred for the whole trip on official business (excluding morning and afternoon teas) together with an incidental expenses allowance set out in Item 2 of Table 4 of Part B, Monetary Rates.

 

(v)        Payment of allowance as described in subclause (iv) above for an absence of less than 24 hours may be made only where the officer satisfies the Commissioner that, despite the period of absence being of less than 24 hours' duration, expenditure for accommodation and three meals has been reasonably and necessarily incurred.

 

(vi)       Where an officer is unable to so satisfy the Commissioner, the allowance payable for part days of travel shall be limited to the expenses incurred during such part day travel.

 

(vii)      After the first 35 days and up to 6 months at a temporary location an officer in receipt of an allowance as set out in Item 1 of Table 4 of Part B, Monetary Rates shall have that allowance reduced by 50% provided that the reduced allowance paid to officers located in Broken Hill shall be increased by one fifth.

 

(viii)     Adjustment of Allowances

 

Where the Commissioner is satisfied that an allowance under subclauses (iv) and (vii) is:

 

(a)        insufficient to adequately reimburse the officer for expenses properly and reasonably incurred, a further amount may be paid to reimburse the officer for the additional expenses that may be incurred; or

 

(b)        in excess of the amount which would adequately reimburse the officer for expenses properly and reasonably incurred the Commissioner may reduce the allowance to an amount which would reimburse the officer for expenses incurred reasonably and properly.

 

(ix)       Production of Receipts

 

Payment of any actual expenses shall be subject to the production of receipts, unless the Commissioner is prepared to accept other evidence from the officer.

 

(x)        Travelling Distance

 

The need to obtain overnight accommodation shall be determined by the Commissioner having regard to the safety of the officer or officers travelling on official business and local conditions applicable in the area. Where officers are required to perform duty during the evening or officers are required to commence duty early in a location away from their workplace, overnight accommodation shall be appropriately granted by the Commissioner.

 

12.  Provision of Quarters

 

(i)         With respect to Non-Commissioned Officers, "salary", for the purposes of this clause, means the "Loaded Salary" prescribed by Table 1 - Non-Commissioned Officers' Salaries of Part B, Monetary Rates and the "Base Salary" prescribed by Table 2 - Detectives’ Salaries of Part B, Monetary Rates plus the 11.5% Loading as prescribed in Clause 35 of this Award.  With respect to Commissioned Officers, "salary", for the purposes of this clause, means the "all up" salaries prescribed by Table 2 - Commissioned Officers' Salaries of Part B, Monetary Rates of this Award.

 

(ii)        The salary of officers as defined in subclause (i) above is inclusive of an amount of 3% being an allowance in lieu of quarters.  Officers provided with quarters shall have deducted from their salary, as defined in subclause (i) above, an amount of 3% of such sum.

 

13.  Remote Area - Living Allowances

 

(i)         For the purpose of this clause "Remote Area" means, an area of the State situated on or to the west of a line starting from the right bank of the Murray River opposite Swan Hill and then passing through the following towns or localities in the following order, namely: Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and includes a place situated in any such town or locality.

(ii)        An Officer shall be paid an allowance for the increased cost of living and the climatic conditions in a remote area, if:

 

(a)        indefinitely stationed and living in a remote area as defined in subclause (i) above; or

 

(b)        not indefinitely stationed in a remote area but because of the difficulty in obtaining suitable accommodation compelled to live in a remote area as defined in subclause (i) above.

 

 

 

(iii)       The grade of appropriate allowance payable under this clause shall be determined as follows:

 

(a)        Grade A allowances - the appropriate rate shown as Grade A in Table 5 - Remote Areas - Living Allowance of Part B, Monetary Rates, in respect of all locations in a remote area, as defined in subclause (i) above, except as specified in paragraphs (b) and (c) of this subclause; Non-Commissioned Officers.

 

(b)        Grade B allowances - the appropriate rate shown as Grade B in Table 5 - Remote Areas - Living Allowance of Part B, Monetary Rates, in respect of the towns and localities of Angledool, Barringun, Bourke, Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge, Louth, Mungindi, Pooncarie, Redbank, Walgett, Wanaaring, Weilmoringle, White Cliffs, Wilcannia and Willandra.

 

(c)        Grade C allowances - the appropriate rate shown as Grade C in Table 5 - Remote Areas - Living Allowance of Part B, Monetary Rates, in respect of the localities of Fort Grey, Mutawintji, Mount Wood, Nicoleche, Olive Downs, Tibooburra and Yethong.

 

14.  Part-Time Employment

 

(i)         Officers may be employed on a part time basis for a period of less than 38 hours per week under guidelines agreed between the parties. While 10 hours per fortnight is generally regarded as a reasonable minimum, the Commissioner may approve a lesser minimum where it is necessary for the officer to work fewer hours per fortnight.

 

(ii)        Officers working under a part time arrangement shall be paid a pro rata of the relevant full time salary based on the following formula:

 

Relevant Full-time Salary	x	Average Weekly Hours Worked
		38

 

(iii)       Part time employment may be worked under an ongoing arrangement (permanent part time work) or for a defined period time (part time leave without pay).

 

(iv)       Leave entitlements for part time officers shall generally be calculated on a pro rata basis in accordance with the average weekly hours worked. Relevant Full Time Salary.

 

(v)        Increments for part time officers shall be paid at the normal date with salary paid on a pro rata basis subject to the competency and performance requirements outlined in clauses 65 and 76 of this Award.

 

15.  Local Arrangements

 

(i)         Local arrangements, as specified in this Award, may be negotiated between the Commissioner and the Association in respect to:

 

(a)        any organisational unit within New South Wales Police or part thereof;

 

(b)        a particular group of officers; or

 

(c)        a particular duty type.

 

(ii)        All local arrangements negotiated between the Commissioner and the Association must be contained in a formal document, such as an agreement made pursuant to s86 of the Police Act 2000, a co-lateral agreement, a memorandum of understanding, an award, an enterprise agreement or other industrial instrument.

 

(iii)       Local arrangements shall not result in any net disadvantage to officers in terms of their total remuneration and conditions of employment.

 

Division 2 - Leave

 

16.  Leave Generally

 

Except as otherwise provided for in this division the leave entitlements of officers are prescribed by Part 6 of the Police Regulation, 2000.

 

17.  Applications for Leave

 

(i)         An application by an officer for leave under this division shall be made to and be dealt with by the Commissioner. For the purpose of this division any reference to the Commissioner shall mean either the Commissioner or any other member of New South Wales Police with the delegated authority to approve leave pursuant to section 31 of the Police Act 1990.

 

(ii)        The Commissioner, in dealing with any such application must have regard to the operational requirements of New South Wales Police, but as far as practicable is to deal with the application in accordance with the wishes of the officer.

 

18.  Annual Leave

 

(i)         Annual leave on full pay accrues to a Non-Commissioned Officer at the rate of 6 weeks (228 working hours) per year.

 

(ii)        Annual leave on full pay accrues to a Commissioned Officer;

 

(a)        at the rate of 5 weeks (190 working hours) per year, or

 

(b)        at the rate of 6 weeks (228 working hours) if the officer qualifies for 22.8 or more additional working hours leave in accordance with subclause (v) and is regularly rostered to work shift work on Sundays and Public Holidays.

 

(iii)       Annual leave shall be debited in accordance with the ordinary hours the officer would have been rostered to work had they not been on leave.  Provided further that those Commissioned Officers referred to in paragraph (a) of subclause (ii) above, shall be debited 7.6 hours for each working day taken as annual leave.

 

(iv)       An officer while attached to a police station within the Western or Central Division (within the meaning of the Crown Lands Consolidation Act 1913, as in force immediately before its repeal) accrues additional annual leave on full pay at the rate of 38 working hours per year, or pro rata where only part of the year is spent attached to a police station or stations within the qualifying zones.

 

(v)        An officer who is rostered to work their ordinary hours of duty on a Sunday or public holiday shall, on the completion of the relevant qualifying period, accrue additional annual leave on full pay on the following basis:

 

Number of ordinary working hours worked on Sundays	Additional Annual Leave
and/or Public Holidays during a qualifying period
From 30.4 up to 76	7.6 hours
More than 76 up to 129.2	15.2 hours
More than 129.2 up to 182.4	22.8 hours
More than 182.4 up to 252.6	30.4 hours
More than 252.6	38 hours

 

For the purpose of this subclause a qualifying period shall mean the period commencing 12 months from 1 December each year.

 

(vi)       An officer shall accrue additional annual leave on full pay at the rate of 7.6 working hours for each holiday publicly observed throughout the State, other than the days on which New Year’s Day, Australia Day, Good Friday Easter Saturday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day or Boxing Day are publicly observed.

 

(vii)      At least 2 consecutive weeks annual leave shall be taken by an officer every 12 months except by agreement with the Commissioner or where an officer has insufficient leave to credit.

 

(viii)     The Commissioner shall notify an officer in writing when accrued annual leave reaches 9 weeks (342 working hours) and at the same time may direct the officer to take up to 3 weeks annual leave within 6 months of notification.

 

(ix)       The Commissioner shall notify an officer in writing when accrued annual leave reaches 12 weeks (456 working hours) and direct the officer to take up to 3 weeks annual leave within 12 weeks of the notification.

 

(x)        Conservation of Leave - If the Commissioner is satisfied that an officer is prevented by operational or personal reasons from taking sufficient annual leave to reduce accrued leave below an acceptable level of between 6 and 9 weeks the Commissioner shall:

 

(a)        specify in writing the period of time during which the excess leave shall be conserved, and

 

(b)        on the expiration of the period during which the conservation of leave applies, grant sufficient leave to the officer at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level.

 

(xi)       Annual Leave will generally be taken in periods of one week or multiples of one week inclusive of any Rest Days or Recurrent Leave Days. Lesser periods of Annual Leave may be taken by agreement between the Officer and their Commander/Manager.

 

(xii)      The Commissioner shall inform an officer in writing on a regular basis of the officer’s annual leave accrual.

 

(xiii)     Termination of services

 

(a)        An officer who resigns or retires or whose services are otherwise terminated (except by death) is, on cessation of employment, entitled to be paid immediately, instead of annual leave accrued and remaining untaken, the money value of that leave as a gratuity.

 

(b)        An officer to whom paragraph (a) above applies may elect to take either the whole or part of the annual leave accrued and remaining untaken at cessation of active duty as annual leave on full pay instead of taking the money value of that leave as a gratuity.

 

(c)        If an officer has acquired a right to annual leave with pay and dies before entering on it, or after entering on it dies before its termination:

 

(1)        the officer's surviving spouse, or

 

(2)        if there is no such surviving spouse, the officer's children, or

 

(3)        if there is no such surviving spouse or child, a person who, in the opinion of the Commissioner, was, at the time of the officer's death, a dependant relative of the officer,

 

is entitled to receive the money value of the leave not taken.

 

(d)        If there is a guardian of any children entitled under paragraph (c), the payment to which those children are entitled may be made to that guardian for their maintenance, education and advancement.

(e)        If there is no person entitled under paragraph (c) to receive the money value of any leave not taken or not completed by an officer or which would have accrued to an officer, the payment is to be made to the officer's personal representatives.

 

(f)         If payment of the money value of leave has been made under this clause, the Crown and the Commissioner cease to be liable for payment of any amount in respect of that leave.

 

(g)        In this subclause, "surviving spouse" of an officer who has died includes any person who, immediately before the death, was in a de facto relationship (within the meaning of the Property (Relationships) Act 1984 with the officer.

 

(xiv)     Accrual of Annual Leave While on Extended Leave, Sick Leave

 

(a)        Annual leave accrues in respect of any period an officer is on extended leave on full or double pay, but during one-half only of any period of extended leave on half pay.

 

(b)        Annual leave accrues in respect of any period during which an officer is on sick leave (whether with or without pay) and in respect of 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.

 

19.  Extended Leave

 

(i)         Except as otherwise provided for in this clause the extended leave entitlements of officers are prescribed by Part 6, Division 2 of the Police Regulation, 2000.

 

(ii)        Entitlement To Extended Leave

 

(a)        Subject to this Clause, an officer is entitled:

 

(l)         after service for 7 years, to an amount of leave proportionate to an officer’s length of service (up to 10 years), calculated on the basis of 2 months (334.4 working hours) on full pay or 4 months (668.8 working hours on half pay), on half pay, or 1 month (167.2 working hours on double pay) for 10 years served, and

 

(2)        after service for more than 10 years, to:

 

(i)         leave as provided by sub paragraph (1), and

 

(ii)        in addition, an amount of leave proportionate to the officer’s  length of service after 10 years, calculated on the basis of 5 months (836 working hours) on full pay, or 10 months (1,672 working hours) on half pay, or 2.5 months (418 working hours) on double pay, for 10 years served after service for 10 years.

 

(b)        For the purpose of calculating the entitlement of an officer to extended leave under this subclause at any time:

 

(1)        there must be deducted from the amount of extended leave to which, but for this paragraph, that officer would be entitled:

 

(i)         any extended leave, or leave in the nature of extended leave, and

 

(ii)        the equivalent, in extended leave, of any benefit instead of extended leave or leave in the nature of extended leave, and

 

(2)        taken or received by that officer before that time, and

 

(3)        the provisions of the Transferred Officers Extended Leave Act 1961 have effect.

(c)        If the services of an officer with at least 5 years' service and less than 7 years' service are terminated (otherwise than by the making of an order pursuant to section 181D of the Police Act 1990):

 

(1)        by the Crown, the Governor or the Commissioner for any reason other than the officer's serious and intentional misconduct, or

 

(2)        by the officer on account of illness, incapacity or domestic or other pressing necessity,

the officer is entitled:

 

(3)        for 5 years' service, to 1 month’s leave (167.2 working hours) on full pay, and

 

(4)        for service after 5 years, to a proportionate amount of leave on full pay calculated on the basis of  3 month’s leave  (501.6 working hours) for 15 years’ service.

 

(d)        For the purposes of subclause (a) above, "service" includes:

 

(1)        service under the Teaching Services Act 1980, and

 

(2)        any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963, and

 

(3)        in the case of an officer who has completed at least 7 years' service, any period of leave without pay, not exceeding 6 months, taken after that commencement.

 

(e)        In subparagraph (d) (3), for the purpose of determining whether or not an officer has completed at least 7 years' service, the officer's period of service is to be taken:

 

(1)        to include any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963, and

 

(2)        to exclude any period of leave without pay taken after that commencement.

 

(iii)       Debiting Extended Leave

 

(a)        Where an officer is granted sufficient extended leave to enable a complete rostered week to be taken as extended leave, then the officer’s credit of extended leave shall be debited by 38 hours and the officer shall be deemed to be on extended leave for the entire rostered week, inclusive of rest days recurrent leave days and public holidays. 

 

(b)        Where an officer seeks and is granted sufficient extended leave to enable a lesser period than a complete rostered week to be taken as extended leave, inclusive of rest days and recurrent leave days, then the officer’s extended leave credits will be debited by the hours the officer would have otherwise worked in accordance with the roster had the officer not been on extended leave. Provided further that a Commissioned Officer with an annual leave entitlement of 5 weeks (190 working hours) shall be debited 7.6 hours for each working day taken as extended leave.

 

(c )       An officer may apply for extended leave at double pay.  Where such leave is granted and taken, the amount of extended leave debited from the officer’s entitlement shall be double of that which would otherwise be debited if the officer had applied for extended leave at full pay.

 

(d)        Public Holidays that fall whilst an officer is on extended leave shall be paid and not debited from the officer’s extended leave entitlement.

 

(e)        Prior to entering on extended leave and/or immediately following resumption, an officer’s ordinary working hours shall, if necessary, be adjusted so that the officer’s ordinary hours average 38 per week for that part of the roster period not included in the period of extended leave.

(iv)       Entitlement to Gratuity Instead of Extended Leave

 

An officer who has acquired a right to extended leave with pay is entitled, immediately on the termination of the officer's services, to be paid instead of that leave the money value of the extended leave as a gratuity in addition to any gratuity to which the officer may be otherwise entitled.

 

(v)        Payment Where Officer Has Died

 

(a)        If an officer has acquired a right to extended leave with pay and dies before starting it, or after starting it dies before completing it:

 

(1)        the officer's surviving spouse, or

 

(2)        if there is no such surviving spouse, the officer's children, or

 

(3)        if there is no such surviving spouse or child, a person who, in the opinion of the Commissioner, was, at the time of the officer's death, a dependant relative of the officer, is entitled to receive the money value of the leave not taken, or not completed, calculated at the rate of salary that the officer received at the time of his or her death, less any amount paid to the officer in respect of the leave not taken, or not completed.

 

(b)        If an officer with at least 5 years' service as an adult and less than 7 years' service dies:

 

(1)        the officer's surviving spouse, or

 

(2)        if there is no such surviving spouse, the officer's children, or

 

(3)        if there is no such surviving spouse or child, the persons who, in the opinion of the Commissioner, were, at the time of the death of the officer, dependant relatives of the officer, is or are entitled to receive the money value of the leave which would have accrued to the officer had her or his services terminated, calculated at the rate of salary that the officer was receiving at the time of his or her death.

 

(c)        If there is a guardian of any children entitled under paragraph (a) or (b), the payment to which those children are entitled may be made to that guardian for their maintenance, education and advancement.

 

(d)        If there is no person entitled under paragraph (a) or (b) to, receive the money value of any leave not taken or not completed by an officer or which would have accrued to an officer, payment in respect of that leave must be made to the officer's personal representatives.

 

(e)        Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.

 

(f)         If payment of the money value of leave has been made under this clause, the Crown and the Commissioner cease to be liable for payment of any amount in respect of that leave.

 

(g)        In this subclause, "surviving spouse" of an officer who has died includes any person who, immediately before the death, was in a de facto relationship (within the meaning of the Property (Relationships) Act 1984 with the officer.

 

20.  Sick Leave

 

(i)         Except as otherwise provided for in this clause, the sick leave entitlements of officers are prescribed by Part 6, Division 8 of the Police Regulation, 2000.

 

 

 

(ii)        Authority to grant sick leave

 

(a)        If the Commissioner is satisfied that an officer is unable to perform her or his duty because of illness, the Commissioner:

 

(1)        must, subject to this subclause, grant the officer sick leave on full pay, and

 

(2)        may, subject to this subclause, grant the officer sick leave without pay if the absence of the officer exceeds his or her entitlement to sick leave on full pay under this clause.

 

(b)        An officer may elect to take available annual or extended leave instead of sick leave without pay.

 

(iii)       Requirements For Medical Certificate

 

(a)        An officer absent from duty because of illness:

 

(1)        in respect of any such absence in excess of 3 consecutive working days, must furnish a medical certificate to the Commissioner, or

 

(2)        in respect of any such absence of 3 consecutive working days or less, must if required to do so by the Commissioner, furnish a medical certificate to the Commissioner.

 

(b)        Despite paragraph (a), the Commissioner may at any time require an officer who has been granted sick leave to furnish medical evidence of the inability of the officer to resume duty.

 

(c)        If an officer applying for sick leave furnishes a medical certificate which appears to the Commissioner to indicate that the condition of the officer does not warrant the grant of sick leave, that application together with that medical certificate is to be referred immediately by the Commissioner to a medical practitioner for consideration.

 

(d)        The nature of the leave to be granted to an officer in respect of an application referred to in paragraph (c) is to be determined by the Commissioner on the advice of a medical practitioner.

 

(e)        If sick leave is not granted to an officer in respect of an application referred to in paragraph (c), the Commissioner is, as far as practicable, to take into account the wishes of the officer concerned when determining the nature of the leave to be granted in respect of the application.

 

(f)         An officer may elect to have an application for sick leave dealt with confidentially by a medical practitioner in accordance with such procedures as may be determined from time to time by the Commissioner.

 

(g)        Where an officer on annual leave or extended leave furnishes to the Commissioner a satisfactory medical certificate in respect of illness occurring during that leave, the Commissioner may, subject to the provisions of this subclause, grant sick leave to the officer for the following period:

 

(1)        in the case of an officer on annual leave, the period set out in the medical certificate,

 

(2)        in the case of an officer on extended leave, the period set out in the medical certificate, unless that period is less than 7 calendar days.

 

(h)        Paragraph (g) applies to all officers other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

(i)         Paragraph (g) does not apply to sick leave that has been taken for carer’s leave purposes in accordance with clause 21 of this Award.

 

 

 

(iv)       Sick Leave Entitlements

 

(a)        Sick leave on full pay accrues to an officer at the rate of 15 working days (114 working hours) each calendar year, and any such accrued leave, which is not taken, is cumulative.

 

(b)        Sick leave shall be debited in accordance with the ordinary hours the officer would have worked had they not been absent on sick leave. Provided further that a Commissioned Officer with an annual leave entitlement of 5 weeks (190 working hours) shall be debited 7.6 hours for each working day taken as extended leave.

 

(c)        Sick leave on full pay accrues at the beginning of the calendar year, but if an officer is appointed during a calendar year, sick leave on full pay accrues on the date the officer commences duty at the rate of one and a quarter working days (9.5 working hours) for each complete month before the next 1 January.

 

(v)        Re credit Of Rest Days - Non-Commissioned Officers

 

Any Non-Commissioned Officer who is sick on two or more rest days in any rostered week may elect to have the second and subsequent rest days re-credited and have their sick leave debited accordingly. Such re-credited rest days will be taken as rest days in lieu at a mutually convenient time in the current or next roster period. The number of hours to be debited from sick leave on a rest day when sick shall be the number of rostered hours that would have otherwise been worked on the day or days taken as rest day(s) in lieu. Provided further that no more than three rest days can be re-credited for any one continuous period of sick leave.

 

(vi)       Payment During Initial Period Of Service

 

(a)        No more than 5 work days' (38 working hours) sick leave is to be granted to an officer during the first 3 months of service unless a satisfactory medical certificate in respect of each absence is furnished.

 

(b)        On completion of the first 12 months' service, payment may be made to an officer for such portion of sick leave taken without pay during the first 3 months of that service as, with the addition of all sick leave on full pay granted during that period of 12 months, does not exceed a total of 15 working days (114 working hours).

 

(vii)      Procedure Where Workers Compensation Claimed

 

(a)        This paragraph applies where an officer is or becomes unable to attend for duty or to continue on duty in circumstances which may give the officer a right to claim compensation under the Workers Compensation Act 1987.

 

(b)        If an officer has made a claim for any such compensation, the officer may, pending the determination of that claim and subject to the provisions of this clause and to paragraphs (d) and (g), be granted by the Commissioner sick leave on full pay for which the officer is eligible, and if that claim is accepted the equivalent period of any such sick leave is to be restored to the credit of the officer.

 

(c)        If an officer who is required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act refuses, to submit to or in any way obstructs any such examination the officer is not to be granted sick leave on full pay until that examination has taken place and a medical certificate has been given indicating that the officer is not fit to resume duty.

 

 

 

 

 

(d)        If, as a result of any such medical examination:

 

(1)        a certificate is given under the Workers Compensation Act 1987 setting out the condition and fitness for employment of the officer or the kind of employment for which the officer is fit, and

 

(2)        the Commissioner makes available to the officer employment falling within the terms of that certificate, and

 

(3)        the officer refuses or fails to resume or perform the employment so provided, all payments in accordance with this clause are to cease from the date of that refusal or failure.

 

(e)        Despite sub paragraph (2), 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, there will then be no further sick leave granted on full pay.

 

(viii)     Procedure Where Other Claim Has Been Made

 

(a)        This paragraph applies if the circumstances of any injury to or illness of an officer may give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987.

 

(b)        Sick leave on full pay may, subject to and in accordance with this clause, be granted to an officer on completion of an undertaking by the officer in a form approved by the Commissioner:

 

(1)        that any such claim if made will include a claim for the value of any period of sick leave on full pay granted, and

 

(2)        that, if the officer receives or recovers damages or compensation pursuant to that claim for loss of salary during any such period of sick leave, the officer will repay to the Commissioner such money as is paid by the Commissioner in respect of any such period of sick leave.

 

(c)        Sick leave on full pay is not to be granted to an officer who refuses or fails to complete such an undertaking, except with the express approval of the Commissioner given on the grounds that the refusal or failure is unavoidable in the circumstances.

 

(d)        On repayment made to the Commissioner pursuant to an undertaking given by an officer, sick leave equivalent to that repayment, calculated at the ordinary rate of pay of the officer, is to be restored to the credit of the officer.

 

21.  Sick Leave to Care for a Family Member

 

(i)         Where family and community service leave provided in clause 27 is exhausted, an officer with responsibilities in relation to a category of person set out in subclause (c) of this clause who needs the officer’s care and support, may elect to use available paid sick leave, subject to the conditions specified in this subclause, to provide such care and support when a family member is ill.

 

(a)        The sick leave shall initially be taken from the current leave year’s entitlement followed, if necessary, by the sick leave accumulated over the previous three years.  In special circumstances, the Commissioner may grant additional sick leave from the sick leave accumulated during the officer’s eligible service.

 

(b)        If required by the Commissioner, the officer must establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

 

 

(c)        The entitlement to use sick leave in accordance with this clause is subject to:

 

(1)        the officer being responsible for the care and support of the person concerned; and

 

(2)        the person concerned being:

 

a spouse of the officer, or

 

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

 

a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the officer or of the spouse or of the de facto spouse of the officer; or

 

a same sex partner who lives with the officer as the de facto partner of that officer on a bona fide domestic basis; or a relative of the officer 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.

 

22.  Maternity Leave

 

(i)         An officer who is pregnant shall, subject to this clause, be entitled to be granted maternity leave as follows

 

(a)        for a period up to 9 weeks prior to the expected date of birth; and

 

(b)        for a further period of up to 12 months after the actual date of birth

 

(ii)        An officer who has been granted Maternity Leave may, with the permission of the Commissioner, take leave after the actual date of birth:

 

(a)        full-time for a period of up to 12 months; or

 

(b)        part-time for a period of up to 2 years; or

 

(c)        as a combination of full-time and part-time over a proportionate period up to two years.

 

(iii)       An officer who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

(iv)       An officer who resumes duty before her child's first birthday or on the expiration of 12 months from the date of birth of her child shall be entitled to resume duty in the position occupied by her immediately before the commencement of maternity leave, if the position still exists.

 

(v)        If the position occupied by the officer immediately prior to the taking of maternity leave has ceased to exist, but there are other positions available that the officer is qualified for and is capable of performing, the officer shall be appointed to a position of the same rank as the officer’s former position.

 

(vi)       An officer who:

 

(a)        applied for maternity leave within the time and in the manner determined by the Commissioner; and

 

(b)        prior to the expected date of birth, completed not less than 40 weeks' continuous service, shall be paid at her ordinary rate of pay for a period not exceeding 14 weeks or the period of maternity leave taken, whichever is the lesser period.

 

(vii)      Except as provided in subclause (vi) of this clause, maternity leave shall be granted without pay.

 

23.  Parental Leave

 

(i)         Parental Leave shall be granted as follows:

 

(a)        Short Term Parental leave - an unbroken period of up to one week at the time of the birth of the child or other termination of the pregnancy.

 

(b)        Extended Parental leave - not exceeding 12 months.

 

(ii)        Extended Parental leave may commence at any time up to 2 years from the date of birth or adoption of the child.

 

(iii)       Extended Parental leave:

 

(a)        may be taken full-time for a period not exceeding 12 months, or

 

(b)        may be taken part-time over a period not exceeding 2 years, or

 

(c)        may be taken partly full-time and partly part-time over a proportionate period.

 

(iv)       An officer who resumes duty immediately on the expiration of parental leave:

 

(a)        if the position occupied by the officer immediately before the commencement of that leave still exists, is entitled to be placed in that position, or

 

(b)        if the position so occupied by the officer has ceased to exist, is entitled to be appointed (subject to the availability of other suitable positions) to another position for which the officer is qualified.

 

(v)        An officer who:

 

(a)        applied for parental leave within the time and in the manner determined by the Commissioner; and

(b)        prior to the expected date of birth, completed not less than 40 weeks' continuous service, shall be paid at the ordinary rate of pay for a period not exceeding 1 week or the period of parental leave taken, whichever is the lesser period.

 

(vi)       Except as provided in subclause (v) of this clause, parental leave is to be granted without pay.

 

24.  Adoption Leave

 

(i)         An officer who adopts, and becomes the primary care-giver for, a child:

 

(a)        if the child has not commenced school at the date of the taking of custody, is entitled to be granted adoption leave for a maximum period of 12 months, or

 

(b)        if the child has commenced school at that date, may be granted adoption leave for such period (not exceeding 12 months on a full-time basis) as the Commissioner may determine.

(ii)        Adoption leave referred to in paragraph (i):

 

(a)        may be taken full-time for a period not exceeding 12 months, or

 

(b)        may be taken part-time over a period not exceeding 2 years, or

 

(c)        may be taken partly full-time and partly part-time over a proportionate period, as the Commissioner may permit.

 

(iii)       Adoption leave commences on the date when the officer takes custody of the child concerned, whether that date is before or after the date on which a court makes an order for the adoption of the child by the officer.

 

(iv)       An officer who resumes duty immediately on the expiration of adoption leave:

 

(a)        if the position occupied by the officer immediately before the commencement of that leave still exists, is entitled to be placed in that position, or

 

(b)        if the position so occupied by the officer has ceased to exist, is entitled to be appointed (subject to the availability of other suitable positions) to another position for which the officer is qualified.

 

(v)        Except as otherwise provided by subclause (vi), adoption leave is to be granted without pay.

 

(vi)       An officer who:

 

(a)        applies for adoption leave within such time and in such manner as the Commissioner may from time to time determine, and

 

(b)        prior to the commencement of adoption leave, completes not less than 40 weeks' continuous service, is entitled to payment at her or his ordinary rate of pay for a period of 14 weeks of adoption leave or the period of adoption leave taken, whichever is the shorter period.

 

25.  Accrual of Leave While on Maternity, Parental Or Adoption Leave

 

(i)         For the purpose of accrual of leave by an officer:

 

(a)        any period of maternity leave or adoption leave in respect of which payment was made at the rate of full pay is to be counted as service, and

 

(b)        half of any period of maternity leave or adoption leave in respect of which payment was made at the rate of half pay is to be counted as service.

 

(ii)        For the purpose of accrual of leave by an officer, any period of maternity leave, adoption leave or parental leave taken as leave without pay is not to be counted as service except as provided by clause 19, Extended Leave.

 

26.  Incremental Progression While on Maternity Leave, Adoption Leave Or Parental Leave

 

(i)         For the purpose of payment of any increment to an officer:

 

(a)        a period of maternity leave or adoption leave in respect of which payment was made at the rate of full pay or half pay is to be counted as service, and

 

(b)        a period of any maternity leave, adoption leave or parental leave without pay is not to be counted as service.

 

 

 

27.  Family and Community Service Leave

 

(i)         The Commissioner shall, in the case of emergencies or in personal or domestic circumstances, grant to an officer some or all of the available family and community service leave on full pay.

 

(ii)        Such cases may include but not be limited to the following:

 

(a)        compassionate grounds - such as the death or illness of a close member of the family or an officer or the officer’s household;

 

(b)        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;

 

(c)        emergency or weather conditions - such as when flood, fire or snow etc. threaten property and/or prevent an officer from reporting for duty;

 

(d)        other personal circumstances - such as citizenship ceremonies, parent/teacher interviews or attending child's school for other reasons;

 

(iii)       An officer is not to be granted family and community service leave for attendance at court to answer a criminal charge unless the Commissioner approves the grant of leave in the particular case.

 

(iv)       The maximum amount of family and community service leave on full pay that may be granted to an officer is:

 

(a)        two and a half working days (19 working hours) during the first year of service, and 5 working days (38 working hours)  in any period of 2 years after the first year of service, or;

 

(b)        after the completion of 2 year’s service, 7.6 working hours for each completed year of service on or after 1 January 1995 and 8 working hours for each completed year of service prior to 1 January 1995, less any period of family and community service leave already taken by the officer.

 

(v)        Family and community service leave shall be debited in accordance with the ordinary hours the officer would have worked had they not been absent on such leave. Provided further that a Commissioned Officer with an annual leave entitlement of 5 weeks (190 hours) shall be debited 7.6 hours for each working day taken as family and community service leave.

 

(vi)       The Commissioner may grant up to 5 working days' (38 working hours) family and community service leave without pay to an officer in any period of one year if the amount of paid family and community service leave available to the officer for that period has been used.

 

(vii)      The amount of any family and community service leave without pay that may be granted under subclause (vi) in any period of one year is to be reduced by the amount of any paid family and community service leave already taken by the officer in the same period.

 

(viii)     Additional paid family and community service leave may be granted to an officer to care for a person for whose care the officer is responsible if the grant of such leave is authorised by a determination of the Public Employment Office.

 

(ix)       Family and community service leave may be granted under paragraph (viii) only if the officer has accrued sick leave from the current and three previous calendar years and has exhausted all available paid family and community service leave. The availability of sick leave under this paragraph shall be reduced by any sick leave, for personal or carer’s purposes, taken during this period. If granted, the family and community service leave so granted replaces that sick leave.

 

28.  Leave Without Pay

 

(i)         The Commissioner may grant leave without pay to an officer for a period not exceeding 3 years if good and sufficient reason is shown.

 

(ii)        Leave without pay is subject to such conditions as the Commissioner may from time to time determine.

 

(iii)       Leave without pay may be granted on a full-time or a part-time basis.

 

(iv)       Leave without pay is not to be counted as service for the purposes of:

 

(a)        accrual of annual leave or sick leave, or

 

(b)        the payment of any increment.

 

(v)        Leave without pay is not to be counted as service for the purposes of:

 

(a)        any qualification for promotion within the rank of constable, or

 

(b)        the period of any probation.

 

(vi)       This clause does not apply to leave without pay that is sick leave, maternity leave, adoption leave or parental leave.

 

29.  Military Leave

 

(i)         During the period of 12 months commencing on 1 July each year, the Commissioner may grant to an officer 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 conducted by the officer’s unit.

 

(ii)        Up to 24 working days (182.4 working hours) military leave per year may be granted by the Commissioner to members of the Naval and Military Reserves and up to 28 working days (212.8 working hours) per year to members of the Air Force Reserve for the activities specified in subclause (i) of this clause.

 

(iii)       At the expiration of military leave, the officer shall furnish to the Commissioner a certificate of attendance signed by the commanding officer or other responsible officer.

 

30.  Special Leave

 

(i)         Special leave on full pay is to be granted to officers:

 

(a)        for the purpose of attending at any examination under the Police Act 1990 or the Police Regulation, 2000 and

 

(b)        up to a maximum of 38 working hours in any 1 year for the purpose of attending at any other examination approved by the Commissioner for the purposes of this subclause.

(ii)        Special leave granted under subclause (i) for the purposes of attending at an examination is to include leave for any necessary travel to or from the place at which the examination is held.

 

(iii)       Special leave on full pay may be granted to officers for such other purposes and during such periods and subject to such conditions as may be determined from time to time by the Public Employment Office.

 

 

 

 

 

 

Division 3 - Association Activities

 

31.  Association Activities Regarded as Special Leave

 

(i)         The granting of special leave with pay will apply to the following activities undertaken by an association delegate, as specified below:

 

(a)        annual or biennial conferences of the delegate's union;

 

(b)        meetings of the union's Executive, Committee of Management or Councils;

 

(c)        annual conference of Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

 

(d)        attendance at meetings called by Unions NSW involving a public sector association, which requires attendance of a delegate;

 

(e)        attendance at meetings called by the PEO, as the employer for industrial purposes, as and when required;

 

(f)         giving evidence before an Industrial Tribunal as a witness for the association;

 

(g)        reasonable travelling time to and from conferences or meetings to which the provisions of clauses 31, 32, and 33 of this Award apply.

 

32.  Association Activities Regarded as on Duty

 

(i)         A association delegate will be released from the performance of normal departmental duty when required to undertake any of the activities specified below. While undertaking such activities the association delegate will be regarded as being on duty and will not be required to apply for leave:

 

(a)        Attendance at meetings of the workplace's Occupational Health and Safety Committee and participation in all official activities relating to the functions and responsibilities of elected Occupational Health and Safety Committee members at a place of work as provided for in the Occupational Health and Safety Act 1983 and the Regulations;

 

(b)        Attendance at meetings with workplace management or workplace management representatives;

 

(c)        A reasonable period of preparation time, before -

 

(1)        meetings with management;

 

(2)        disciplinary or grievance meetings when an association member requires the presence of a association delegate; and

 

(3)        any other meeting with management,

 

(d)        by agreement with management, where operational requirements allow the taking of such time;

 

(1)        Giving evidence in court on behalf of the employer;

 

(2)        Appearing as a witness before the Government and Related Employees Appeal Tribunal;

 

(3)        Representing their association at the Government and Related Employees Appeal Tribunal as an advocate or as a Tribunal Member;

 

(4)        Presenting information on the association and association activities at induction sessions for new staff of the department; and

 

(5)        Distributing official Association publications or other authorised material at the workplace, provided that a minimum of 24 hours notice is given to workplace management, unless otherwise agreed between the parties. Distribution time is to be kept to a minimum and is to be undertaken at a time convenient to the workplace.

 

33.  Association Training Courses

 

(i)         the Following Training Courses Will Attract the Grant of Special Leave as Specified Below:

 

(a)        accredited Occupational Health and Safety (OH&S) courses and any other accredited OH&S training for OH&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, shall be negotiated between the Commissioner and the Association under a local arrangement pursuant to clause 15, Local Arrangements, of this Award.

 

(b)        courses organised and conducted by the Trade Union Education Foundation or by the officer's association or a training provider nominated by the Association. A maximum of 12 working days (91.2 working hours) in any period of 2 years applies to this training and is subject to the operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief staff.

 

Division 4 - Non-Commissioned Officers

 

34.  Salaries

 

Subject to the Police Act 1990, and Regulations and any requirements there under and to the provisions of clause 55, "Competency Based Incremental Progression" (Non-Commissioned Officers), of this Award, a Non-Commissioned Officer shall, according to the rank held and the incremental level achieved, be paid a base salary of not less than the amounts prescribed in Table 1 - Non-Commissioned Officers' Salaries of Part B, Monetary Rates.

 

35.  Loading

 

A Non-Commissioned Officer shall, in addition to the base salary prescribed in clause 34, Salaries, of this Award, be paid an allowance calculated to the nearest dollar, at the rate of 11.5% of such salary.  The allowance being a loading for work performed on weekends, shift work, recall to duty and other incidents of employment not covered elsewhere in this Award, and including a Loading formerly paid on Annual Leave.

 

36. Leading Senior Constables

 

(i)         Subject to provisions duly agreed between the Commissioner and Association a Non-Commissioned Officer of the rank of Senior Constable may be appointed as a Leading Senior Constable.

 

(ii)        The Commissioner may revoke the appointment of a Leading Senior Constable at any time. The circumstances under which such an appointment is revoked shall be subject to provisions duly agreed between the Commissioner and the Association. The revocation of the appointment of a Leading Senior Constable shall not be regarded as reviewable action for the purpose of section 173(3) of the Police Act, 1990

 

(iii)       Incremental progression for Leading Senior Constables shall be subject to the provisions of clause 55 of this Award.

 

 

 

(iv)       In circumstances where an officer who has previously held an appointment as a Leading Senior Constable, and who has relinquished such appointment with a view to seeking appointment elsewhere, applies for a further appointment, that such officer may, in their application seek appointment at the level and step previously achieved, and if such an officer succeeds in gaining that further appointment as a Leading Senior Constable, then such officer is to be appointed at the level or step previously held.

 

Their incremental date however shall be the date of taking up duty in the new appointment, and such officer shall be required to serve a minimum of twelve months on the level or step at which they were appointed, before being eligible for further incremental movement.

 

These provisions shall not apply to any officer whose previous appointment as a Leading Senior Constable was revoked for any reason whatsoever or who has voluntarily relinquished their appointment in circumstances of adverse performance assessments.

 

37.  Sergeants’ and Senior Sergeants’ Salary Restructure and Transition

 

(i)         From the beginning of the first full pay period commencing on or after 1 July 2006 Sergeants and Senior Sergeants shall move from their existing three level salary structure to a new structure based on years of service.  Transition to the new salary structure shall be in accordance with the following table:

 

 

(ii)        Non-Commissioned Officers who are classified as Sergeants Level 2 Steps 3 and 4, Sergeants with more than 1 years service on Level 3 and Senior Sergeants with more than 1 years service on Level 3, as at the date of transition, shall be entitled to their next increment 12 months from the date of transition, i.e. 12 months from the beginning of the first full pay period commencing on or after 1 July 2006.  All other Sergeants and Senior Sergeants shall retain their existing increment date.

 

38.  Detectives Salary Structure and Transition

 

(i)         From the beginning of the first full pay period commencing on or after 1 July 2006 Non Commissioned Officers classified as Detectives as defined in clause 3, Definitions, of this Award shall move to a new Detectives’ salary structure. Transition to the new salary structure shall be in accordance with the following table:

DETECTIVES’ TRANSITION
Incremental Level up to the Beginning of the	Incremental Level from the Beginning of the
First Full Pay Period Commencing on or After	First Full Pay Period Commencing on or After
1 July 2006	1 July 2006
Probationary Constable (Level 1)
Constable Level 2
Constable Level 3
Constable Level 4	Detective 1st Year
Constable Level 5	Detective 2nd Year
Senior Constable Level 1	Detective 3rd Year
Senior Constable Level 2 Step 1	Detective 4th Year
Senior Constable Level 2 Step 2	Detective 4th Year
Senior Constable Level 3 Step 1	Detective 5th Year
Senior Constable Level 3 Step 2	Detective 5th Year
Senior Constable Level 3 Step 3	Detective 5th Year
Senior Constable Level 4 Step 1	Detective 6th Year
Senior Constable Level 4 Step 2	Detective 6th Year
Senior Constable Level 5 Step 1	Detective 7th Year
Senior Constable Level 5 Step 2	Detective 7th Year
Senior Constable Level 6	Detective 8th Year
Senior Constable (more than 1 years service on	Detective 9th Year
Level 6)
Leading Senior Constable Level 1 Step 1
Leading Senior Constable Level 1 Step 2	Detective 10th Year
Leading Senior Constable Level 2	Detective 10th Year
Sergeant Level 1 Step 1	Detective Sergeant 1st Year
Sergeant Level 1 Step 2	Detective Sergeant 2nd Year
Sergeant Level 2 Step 1	Detective Sergeant 3rd Year
Sergeant Level 2 Step 2	Detective Sergeant 4th Year
Sergeant Level 2 Step 3	Detective Sergeant 4th Year
Sergeant Level 2 Step 4	Detective Sergeant 4th Year
Sergeant Level 3	Detective Sergeant 4th Year
Sergeant Level 3 (more than 1 years service on	Detective Sergeant 5th Year
Level 3)
	Detective Sergeant 6th Year
Senior Sergeant Level 1 Step 1	Detective Senior Sergeant 1st Year
Senior Sergeant Level 1 Step 2	Detective Senior Sergeant 2nd Year
Senior Sergeant Level 2	Detective Senior Sergeant 2nd  Year
Senior Sergeant Level 3	Detective Senior Sergeant 3rd  Year
Senior Sergeant Level 3 (more than 1 years	Detective Senior Sergeant 4th Year
services on Level 3)

 

(ii)        Detectives who are classified as: Constables Level 2, Constable Level 3, Senior Constable Level 2 Step 1; Senior Constable Level 3 Step 1; Senior Constable Level 3 Step 2; Senior Constable Level 4 Step 1; Senior Constable Level 5 Step 1; Leading Senior Constable Level 1 Step 2; Senior Constable with more than 1 years service on Level 6; Sergeant Level 2 Step 2; Sergeant Level 2 Step 3, Sergeant Level 2 Step 4; Sergeant with more than 1 years service on Level 2 Step 4; Senior Sergeant Level 1 Step 2 and Senior Sergeant with more than 1 years service on Level 3, as at the date of transition, shall be entitled to their next increment 12 months from the date of transition, i.e. 12 months from the beginning of the first full pay period commencing on or after 1 July 2006.  All other Detectives shall retain their existing increment date.

 

(iii)       Non Commissioned Officers who cease to be Detectives after the date of transition shall revert to the rank and increment level they would have otherwise occupied had they not been appointed as a Detective.  This does not preclude action under section 173 of the Police Act 1990.

 

(iv)       Detectives shall according to rank held and incremental level achieved be paid a base salary of not less than the amounts prescribed in Table 2 - Detectives’ Salaries of Part B Monetary Rates.  In addition to their base salary Detectives  shall be paid the following allowances in the nature of salary:

 

(a)        the Loading prescribed by clause 35 of this Award;

 

(b)        an allowance equivalent to a Grade 3 Special Duties Allowance as prescribed in Table 7 - Special Duties Allowances (Non Commissioned Officers) of Part B Monetary Rates; and

 

(c)        the Detective’s Special Allowance as prescribed in Table 6 of  Part B Monetary Rates.

 

39.  Special Duties Allowance

 

(i)         In addition to the rates prescribed for Non Commissioned Officers by clause 34 Salaries and clause 35 Loading of this Award a Non-Commissioned Officer who holds a position set out hereunder shall on the determination of the Commissioner be paid the appropriate allowance prescribed in Table 7 - Special Duties Allowances (Non-Commissioned Officers) of PART B Monetary Rates of this Award, provided that, in respect to grades 1 to 5 where more than one rate applies to a Non - Commissioned Officer they shall only be entitled to one rate namely the higher or highest.

 

(ii)        Gradings

 

Grade 1

 

Trainee Prosecutor, Legal Services

 

Part Time Rescue/Bomb Operator, Special Services Group

 

Teacher, Operational Safety Trainer, Weapons Instructor Part Time, Local Area Commands

 

Breath Analysis Operative, Breath Analysis and Research Unit

 

Highway Patrol Officer, Local Area Commands and Traffic Services

 

Policy Officer, Traffic Policy

 

Analyst/Senior Analyst Workforce Planning, Human Resource Services

 

Surveillance Operative, State Surveillance Branch, Special Services Group

 

Tactical Airborne Technician, Technical Surveillance Operative, Police Aviation Support Branch, Special Services Group

 

Senior Operations Officer, Communications

 

Negotiator Part time, Local Area Commands and Specialist Sections

 

State Protection Support Unit Part time Operative, Country Local Area Commands

 

Grade 2

 

Armoury Technician, Armoury, State Protection Group

 

Investigator, Crash Investigation Unit

Diver, Police Diving Unit

 

Teacher, Driving Instructor, Police Driver, Education Services

 

Engineering Investigator, Engineering Investigation Unit, Forensic Services Group

 

Master Class V, Marine Area Command

 

Incident Reconstruction Operative, Forensic Services Group

 

STIB Operative, State Technical Investigation Branch, Special Services Group

 

Teacher, Foundational Studies, Education Services,

 

Teacher, Continuing Education, Education Services

 

Teacher, Operational Safety Trainer, OSTU, Westmead, Goulburn and Regions

 

Technical Officer, Metropolitan Radio Network

 

Technical Officer, Radar Engineering Unit

 

Grade 3

 

Crime Scene Examiner, Forensic Services Group

 

Document Examiner, Forensic Services Group

 

Finger Print Technician, Forensic Services Group

 

Operative, Tactical Operations Unit, State Protection Group

 

Rescue/Bomb Operator Special Services Group

 

Criminal Profiler, Practitioner, Crime Faculty

 

Grade 4

 

Prosecutors, Legal Services

 

(iii)       Any Non-Commissioned Officer classified as a Detective, as defined in clause 3, Definitions, shall not be entitled to any Special Duties Allowance from the beginning of the first full pay period commencing on or after 1 July 2006.

 

40.  Professional/Academic Qualification Allowance

 

(i)         In addition to the rates prescribed for Non-Commissioned Officers by clause 34 Salaries and clause 35, Loading of this Award a Non-Commissioned Officer who possesses a qualification set out hereunder shall, on the determination of the Commissioner, be paid the appropriate allowance prescribed in Table 8 - Professional/Academic Qualification Allowance of Part B, Monetary Rates of this Award.

 

(ii)        Non-Commissioned Officers shall only be entitled to the payment of one allowance, namely the highest, depending upon the qualification held;

 

 

 

 

(iii)       On and from the beginning of the first full pay period to commence on or after 1 January 2002 the Professional/Academic Qualification Allowances prescribed by this clause shall only apply to Non-Commissioned Officers of and below the rank of Senior Constable who hold vocationally relevant degrees provided that:

 

(a)        Vocational relevance will be at the discretion of the Tertiary Scholarship Review Committee;

 

(b)        Relevant degrees will not include degrees achieved under any program whereby New South Wales Police meets the course fees and/or HECS (other than by way of reimbursement under the Tertiary Scholarship Scheme), or provides for the course to be undertaken in normal working time or as study leave, (as opposed to the normal provisions of study time being applied), nor in circumstances where New South Wales Police meets the costs associated with the undertaking of the course or a series of courses, including accommodation costs; 

 

(c)        Payment of the Professional/Academic Qualification Allowance shall cease when a Non-Commissioned Officer achieves their first merit-based promotion.

 

(d)        Payment of the Professional/Academic Qualifications Allowance shall be suspended for any period a Non-Commissioned Officer is temporarily appointed to the rank of Sergeant and above pursuant to section 66 of the Police Act 1990.

 

41.  on Call Allowances

 

(i)         "On Call" shall mean a situation in which a Non-Commissioned Officer is rostered, or directed by a superior officer, to be available to respond forthwith for duty outside of their ordinary working hours or shift. A Non-Commissioned Officer placed on call shall remain contactable by telephone for all of such time unless working in response to a call or with the consent of their appropriate superior officer. Whilst on call a Non-Commissioned Officer may be required to retain a personal paging device within earshot at all times.

 

(ii)        Rates of Allowance

 

In addition to the Salaries prescribed in clause 34, Salaries and 35 Loading, a Non-Commissioned Officer placed on call, as defined in subclause (i) above, shall be paid the appropriate allowance as set out in Table 9 - On-Call Allowances (Non-Commissioned Officers) of Part B, Monetary Rates.

 

(iii)       The payment of on call and vehicle care allowances prescribed in Table 9 - On-Call Allowances (Non-Commissioned Officers) of Part B, Monetary Rates of this Award shall not apply in the case of Non-Commissioned Officers performing the role of or relieving in the role of Lock Up Keeper, and in the case of Officers In Charge of one person stations; except when such Non-Commissioned Officers are rostered or directed to remain on call (as defined) which thereby places a restriction on the officers’ off duty hours which is greater than that normally expected of those positions.

 

42.  Hours of Duty

 

(i)         The ordinary hours of duty for all Non-Commissioned Officers exclusive of meal breaks shall not exceed, on average, 38 hours per week and shall be worked from Sunday to Saturday inclusive.

 

(ii)        The 38 hour week shall be maintained by the general application of flexible rostering which is characterised by Non-Commissioned Officers working an average of 38 hours per week over an approved roster period consistent with flexible rostering guidelines that are agreed between the parties.

 

(iii)       In accordance with the flexible rostering guidelines the development of an appropriate roster is subject to the agreement of the relevant Commander/Manager and a simple majority of the Non-Commissioned Officers involved.

(iv)       Non-Commissioned Officers shall be entitled to two (2) rest days in each seven calendar days, or four rest days in each fourteen (14) calendar days.

 

(v)        Rosters shall provide Non-Commissioned Officers with an average of 1 complete Sunday off per fortnight and 1 complete weekend per month off duty, as a minimum.

 

(vi)       Rosters shall be arranged as far as practicable to give at least seven (7) days notice of the particular day or days to be allotted as rest days.

 

(vii)      A Non-Commissioned Officer shall, if practicable, be given at least 24 hours notice of a change of rostered shift, or the proposed deferment or cancellation of any rest day. A Non-Commissioned Officer required to perform a shift on a rostered rest day who is not notified of such change of rostered duty at least 24 hours before the commencement of the altered shift shall be paid at the overtime rate specified in clause 45 of this Award for the performance of duty on that shift in lieu of being granted an alternate rest day.

 

(viii)     The roster of each Non-Commissioned Officer shall, as far as practicable, be arranged so as to allow at least 8 hours between the termination of one rostered shift and the commencement of the next rostered shift. Should a Non-Commissioned Officer not be allowed such a break then that period of the shift which falls within the 8 hour break, the Non-Commissioned Officer shall be paid at the rate of time and one half (i.e. half time in addition to ordinary rate). Provided further that this subclause shall not apply to the day of changeover from cycles of rostered shifts.

 

(ix)       Non-Commissioned Officers shall not be directed to work broken shifts.

 

43.  Shift Allowance

 

(i)         A Non-Commissioned Officer who works a full shift shall be paid, in addition for each shift actually worked, an allowance in accordance with the following table:

 

	Commencing Time	Allowance
Day	At or after 6 am and before 10 am	0%
Afternoon	At or after 10am but before 1pm	10%
Afternoon	At or after 1 pm and before 4pm	15%
Night	At or after 4 pm and before 4am	17.5%
Night	At or after 4 am and before 6am	10%

 

(ii)        The allowance prescribed in subclause (i) above shall be based upon the following formula:

 

A	=	S	x	1	x	1	x	R	x	H
		52.17857		7		8

 

Where:

 

A = Shift Allowance Payable (rounded to the nearest cent)

 

S =The rate of pay for a Sergeant Level 3 (Sergeant 5th Year from the beginning of the first full pay period commencing on or after 1 July 2006) as specified in Table 1 - Non-Commissioned Officers' Salaries of Part B, Monetary Rates.

 

R = The relevant percentage rate as prescribed in subclause (i) above.

 

H = Number of ordinary hours in the shift.

 

(iii)       For the purpose of making a claim for payment, the shifts attracting a 10% allowance shall be known as a "C" shift; the shifts attracting an allowance of 15% shall be known as an "A" shift; and the shifts attracting an allowance of 17.5% shall be known as a "B" shift.

 

 

(iv)       A Non-Commissioned Officer shall not be required to work a full "B" shift for more than seven shifts in any period of 21 days unless payment is made at the rate of time and one half (i.e. a half time in addition to ordinary rate) for the period of each of the rostered shifts exceeding seven and payment is made at the rate of double time for all overtime on any shift.

 

(v)        A Non-Commissioned Officer who, because of the operation of subclause (vii) of clause 45, Overtime works only part of a shift specified in the above table, shall be entitled to the full allowance prescribed for such shift.

 

44.  Meals

 

(i)         A Non-Commissioned Officer shall be allowed an unbroken period of not less than thirty minutes each shift for meals.

 

(ii)        A Non-Commissioned Officer shall not normally be required to work more than five hours without a meal break. Provided that where shifts in excess of 10 hours are worked the additional meal break, brought about by the operation of this subclause, shall be a paid crib break of no more than 20 minutes duration.

 

(iii)       A Non-Commissioned Officer who actually incurs expense in purchasing a meal:

 

(a)        when they have worked more than one half hour beyond the completion of a rostered shift or;

 

(b)        where they have performed duty at a place where no reasonable facilities were available for partaking of a meal; or

 

(c)        where they are performing escort duty and cannot carry a meal; shall be entitled to be compensated in accordance with the rates prescribed in Table 10 - Meal Allowances (Non-Commissioned Officers) of Part B, Monetary Rates. Provided where the actual expenditure exceeds the rates prescribed a Non-Commissioned Officer shall be entitled to a refund of amounts actually paid upon production of receipts.

 

45.  Overtime

 

(i)         All overtime worked by a Non-Commissioned Officer outside of the ordinary hours of work prescribed by clause 42 Hours of Duty, shall be at the rate of time and one half for the first two hours and double time thereafter, such double time to continue until completion of the overtime work. Provided that a Non- Commissioned Officer who works overtime on a public holiday prescribed in clause 54, Public Holidays, shall 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 for in this subclause or subclause (v), in computing overtime, each day’s work shall stand alone.

 

(ii)        Overtime shall be calculated to the nearest quarter hour provided that periods of less than a quarter hour shall not be counted.

 

(iii)       Overtime for Non-Commissioned Officers shall be calculated on an hourly rate of pay assessed on total annual salary of a Non-Commissioned Officer comprising the rate of base salary prescribed by Table 1 - Non-Commissioned Officers' Salaries of Part B, Monetary Rates and those allowances, excluding the loading prescribed by clause 35 Loading of this Award, which constitute salary and attract superannuation deductions.

 

(iv)       From the beginning of the first full pay period commencing on or after 1 July 2006, in lieu of the provisions of sub-clause (iii) above, overtime for Detectives shall be calculated on an hourly rate of pay assessed on total annual salary of a Detective comprising the rate of base salary prescribed by Table 2 - Detectives’ Salaries of Part B, Monetary Rates and those allowances, which constitute salary and attract superannuation deductions excluding the loading prescribed by clause 35 Loading of this Award and excluding the Detectives Special Allowance  prescribed by Table 6 - Part B, Monetary Rates.

 

(v)        Time spent travelling shall not be calculated as overtime for the purpose of this clause unless a Non-Commissioned officer is performing a specific task (e.g. prisoner or money escort.)

 

(vi)       Approval to work overtime shall be obtained from the appropriate delegated officer at the time, or where this is not feasible, the circumstances shall be reported at the first available opportunity to the appropriate officer who shall, if the working of overtime was justified, certify that the work was necessarily performed.

 

(vii)      Where a Non-Commissioned Officer works so much overtime between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that they have not had at least eight consecutive hours off duty between these times, they shall be released after the completion of such overtime until the Non-Commissioned officer has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(viii)     If on the direction of the Non-Commissioned Officer’s superior, he/she resumes or continues work without having had such eight consecutive hours off duty, they shall be paid at the rate of double time (single time in addition to ordinary rate when such work occurs during an ordinary rostered shift) until they are released from duty for such period and the Non-Commissioned Officer shall then be entitled to be absent until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(ix)       Provided that all overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this subclause when the actual time worked is less than three hours on such recall or on each of such recalls.

 

(x)        In situations where two (or more in the case of multiple recalls) periods of overtime are worked on one day, then only the time actually worked shall count for the determination of the payment of double time.

 

46.  Recall to Duty

 

(i)         A "recall to duty" is the interference with the period of time off work between the arrival of a Non-Commissioned Officer at home after the conclusion of one shift and the commencement of the next rostered shift caused by the necessity for a Non- Commissioned Officer to perform their duty and whether such recall is at the direction of a senior officer of New South Wales Police or by the reasonable action of a Non-Commissioned Officer responding in the public interest. A recall commences when the Non-Commissioned Officer commences duty (excluding travel from home) and terminates when the duty is completed (excluding travel to home) or the commencement of the next shift whichever is the sooner.

 

(ii)        A Non-Commissioned Officer recalled to duty shall be paid, subject to subclause (vii) of clause 45, Overtime, for the time worked on such recall to duty between normal rostered shifts a minimum of three hours at the overtime rate specified in subclause (viii) of clause 45, Overtime for each time they are recalled, except where such duty is continuous with the commencement of the next rostered shift.

 

(iii)       A Non-Commissioned Officer recalled to duty within three hours of the commencement of the next rostered shift shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such shift.

 

(iv)       The minimum period for the payment of overtime worked specified in subclause (i) of clause 45, Overtime shall not apply to entitlements under this clause.

 

(v)        A Non-Commissioned Officer who performs the duty for which they are recalled within the minimum period of three hours shall not be required to undertake any additional duty for the remainder of the three hour period.

 

(vi)       A Non-Commissioned Officer recalled to duty whose period of duty and travel to and from the place where duty is performed exceeds three hours shall, in addition to payment for the recall to duty, be compensated at the rate specified for travelling time in clause 51, Travelling Time for any period of travel exceeding two hours.

(vii)      In the case of multiple recalls to duty a Non-Commissioned Officer will be compensated by payment of the minimum of three hours for each recall provided either:

 

(a)        a lapse of at least one hour in time has occurred between the completion of the previous paid recall and the time of the subsequent recall; or

 

(b)        the Non-Commissioned Officer is required to arise from bed and a lapse of at least 20 minutes has occurred between the completion of duty performed on the previous paid recall and the time of the subsequent recall.

 

(viii)     Recall During Annual and Extended Leave

 

(a)        A Non-Commissioned Officer recalled to duty during any period of annual or extended 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 eight hours at the rate of time and one half for each day or part thereof. (i.e. time and one half in addition to ordinary rate.) For the purpose of this subclause a full day’s leave shall equate to an ordinary rostered shift in accordance with the agreed flexible roster under which the Non-Commissioned Officer is working at the time the leave is taken.

 

(b)        Time worked in excess of eight hours on any recall to duty during annual or extended leave shall be compensated at the rate of double time.

 

(c)        Travelling time incurred in any recall to duty from annual or extended leave which falls outside the minimum eight hours granted under (a) above shall be compensated at the rate of ordinary time.

 

(ix)       Recall on Public Holiday

 

A Non-Commissioned Officer recalled to duty on a public holiday shall be paid in accordance with subclause (ii) above.

 

(x)        Recall on Rest or Recurrent Leave Day

 

A Non-Commissioned Officer recalled to duty on a rest or recurrent leave day may elect:

 

(a)        to be compensated for such recall in accordance with this clause; or

 

(b)        to be rostered to commence a normal flexible shift for the time of recall payable at the overtime rate specified in subclause (i) of clause 45, Overtime in lieu of being re-credited with an alternate rest or recurrent leave day.

 

47.  Court Attendance Between Shifts

 

(i)         A Non-Commissioned Officer recalled to duty to attend court shall be compensated in accordance with clause 46, Recall to Duty.

 

(ii)        A Non-Commissioned Officer required to attend court who has completed a "B" shift and has insufficient time to return to their home before attending court shall be paid:

 

(a)        at the overtime rate specified in subclause (i) of clause 45, Overtime for the period between the termination of the shift and the completion of duty at court less meal break; and

 

(b)        a meal allowance at the appropriate rate.

 

 

 

 

(iii)       A Non-Commissioned Officer who has attended court and has insufficient time to return to their home before commencing their next shift may be paid:

 

(a)        at the overtime rate specified in subclause (i) of clause 45, Overtime for the period between the commencement of duty at court and the commencement of the rostered shift less meal break, and

 

(b)        a meal allowance at the appropriate rate.

 

or

 

(c)        if New South Wales Police requirements permit, she/he may elect to complete a normal flexible shift from the time of commencement of duty at court

 

48.  Lockup Keepers’ Or Sole Detective’s Recall

 

A Non-Commissioned Officer performing duty as a Lockup Keeper or Sole Detective attached to a station shall be compensated for recalls to duty as follows:

 

(i)         A Non-Commissioned Officer will be paid for a minimum period of one hour at the rate of time and one half when that officer is recalled to answer telephone or door calls between the hours of 11 pm and 8 am. Provided that in the case of a Non-Commissioned Officer required to work a full shift, commencing at or after 4 pm and before 4 am, an equivalent period of sleep (i.e. 9 hours) upon the termination of that duty will be recognised for payment of telephone/door calls in the manner prescribed above.

 

(ii)        A Non-Commissioned Officer will be paid a minimum period of one hour at the rate of time and one half when he/she is required to leave the residence and enter the lockup for purposes such as consulting or making entries in official records, or, in the case of a Lockup Keeper, receiving charges preferred by any police officer.

 

(iii)       The provisions of subclauses (i) and (ii) above will also apply in cases where a Non-Commissioned Officer other than the Lockup Keeper or Sole Detective undertakes the duties of the Lockup Keeper or Sole Detective and is similarly recalled.

 

(iv)       Where a recall to duty mentioned in subclauses (i), (ii) and (iii) above is within one hour of the commencement of the next rostered shift a Non-Commissioned Officer will be paid at the rate of time and one half for the time of recall to the time of commencement of such shift.

 

(v)        A Non-Commissioned Officer will be paid for a minimum of three hours, subject to subclause (vi) of clause 45, Overtime, at the overtime rate specified in subclause (i) of clause 45, Overtime each time the duty performed involves leaving the residence or lockup and proceeding to any other place than the police office, whether such place is in the same building as the lockup or adjacent premises.

 

(vi)       Where the recall to duty mentioned in subclause (v) above is within three hours of the commencement of the next rostered shift a Non-Commissioned Officer will be paid at the overtime rate specified in subclause (i) of clause 45, Overtime from the time of recall to the time of commencement of such shift.

 

(vii)      In the case of multiple recalls a Non-Commissioned Officer will be compensated by payment for the minimum prescribed in this clause for each recall provided that either:

 

(a)        a lapse of at least one hour in time has occurred between the completion of the duty performed on the previous paid recall and the time of the subsequent recall; or

 

(b)        the Non-Commissioned Officer is required to arise from bed and a lapse of at least 20 minutes has occurred between the completion of duty performed on the previous paid recall and the time of the subsequent recall.  Provided further that the same time restrictions prescribed in subclause (i) shall also apply in the case of multiple telephone/door calls.

 

(viii)     The provision of subclauses (ii), (iii), (vii), (ix) of clause 46 Recall to Duty, shall not apply to this clause. Provided that the provisions of subclauses (viii)(a) and (viii)(c) of clause 46 shall only apply in the case of recalls which attract a minimum of 3 hours payment.

 

49.  On Call Detectives Recall

 

A Non-Commissioned Officer performing duty as an on call Detective shall be compensated for recalls to duty as follows:

 

(i)         A Non-Commissioned Officer engaged as an on call Detective, as provided in subclause (i) of clause 41 , On Call Allowance, will be paid for a minimum period of one hour at the rate of time and one half when that officer is recalled to answer duty related telephone or door calls whilst rostered on call.

 

(ii)        Where the recall mentioned in subclause (i) above is within one hour of the commencement of the next rostered shift a Non-Commissioned Officer will be paid at the rate of time and one half from the time of the recall to the time of commencement of such shift.

 

(iii)       Where the recall mentioned in subclause (i) exceeds one hour, through a protracted telephone call or the necessity of the officer to make further inquiries which are work related and directly related to the initial phone call received, payment will continue at the rate of time and one half until the finalisation of inquiries. In such case payment should be calculated to the nearest quarter hour. Periods of less than a quarter of an hour are to be disregarded.

 

(iv)       In the case of multiple recalls a Non-Commissioned Officer will be compensated by payment for the minimum period prescribed in this clause for each recall provided that either:

 

(a)        a lapse of at least one hour in time has occurred between the completion of the duty performed on the previous paid recall and the time of the subsequent recall; or

 

(b)        the Non-Commissioned Officer is required to arise from bed and a lapse of at least 20 minutes has occurred between the completion of duty performed on the previous paid recall and the time of the subsequent recall. 

 

(v)        For the purpose of this clause an On Call Detective shall mean a Non-Commissioned Officer who is a designated Detective and permanently appointed to criminal investigation duty. It shall also apply to Non-Commissioned Officers who are non-designated but are permanently appointed to criminal investigation duties for the purpose of achieving designation as a Detective

 

(vi)       An On Call Detective shall also mean a Non-Commissioned Officer who has been temporarily transferred or seconded to criminal investigation duties, and has been rostered on call in that capacity.

 

50.  Penalty Provisions Not Cumulative

 

Where two or more penalty and/or overtime provisions could apply in a particular situation, New South Wales Police shall be bound to pay only one of such provisions. Where the provisions are not identical, the higher or highest, as the case may be shall apply. Provided further that the Public Holiday penalty payable to Non-Commissioned Officers in accordance with subclause (i) of clause 54 shall be paid in addition to any shift allowance that may be payable in accordance with subclauses (i) and (iv) of clause 43, Shift Allowances.

 

51.  Travelling Time

 

(i)         Travelling time for Non-Commissioned Officers shall be compensated by payment at the ordinary time rates on an hour for hour basis up to a maximum of 8 hours in any period of 24 hours.

 

(ii)        Travelling time shall mean the time spent in the movement of a Non-Commissioned Officer from one locality to another where the primary objective of the journey is the movement of that Non-Commissioned Officer to the latter locality and no specific task other than travelling is directed in advance to be performed by that Non- Commissioned Officer during that period.

(iii)       A Non-Commissioned Officer will not be regarded as performing a specific task in terms of the definition of travelling time unless their task is the acceptance of responsibilities other than:

 

(a)        Driving a vehicle used for police purposes (except in the case of a non-commissioned officer whose main official function is the driving of vehicles used for police purposes).

 

(b)        Monitoring police radio broadcasts on the equipment installed in a vehicle used for police purposes (except in the case of a Non-Commissioned Officer whose main official function is the monitoring of police radio broadcasts).

 

(iv)       Travelling time will not apply in respect of:

 

(a)        Any period of travel during the rostered shift of a Non-Commissioned Officer or any period during which overtime accrues.

 

(b)        Any period of travel between the home of a Non-Commissioned Officer and their place of attachment - provided further that where a Non-Commissioned Officer is directed to perform duty at a Section, Branch or Station or other locality other than that to which the Non-Commissioned Officer is attached, the travelling time to and from that Section, Branch or Station or other locality which exceeds that taken in travelling time between their home and their place of attachment shall be compensated in terms of  subclause (i) above.

 

(c)        Any period where a Non-Commissioned Officer is travelling by ship upon which meals and accommodation are provided and by train between the hours of 11pm and 8am when sleeping accommodation is provided.

 

(d)        Any period of travel by a Non-Commissioned Officer proceeding on transfer, temporary transfer or interchange duty.

 

(e)        Any period of travel by a Non-Commissioned Officer recalled to duty in terms of subclause (i) of clause 46, Recall to Duty.  Provided that any Non- Commissioned Officer so recalled to duty who resides at such a distance from the place to which they are recalled that they cannot reasonably travel from their place of residence and return to their residence within the minimum of 3 hours shall be paid at ordinary time rates for all time spent travelling in connection with such recall in excess of 2 hours.

 

(f)         any period of travel by metropolitan officers to or from non-residential in-service training courses where such courses are conducted within the metropolitan area.

 

(g)        Any period between the arrival of a Non-Commissioned Officer at their destination or a place on route to their destination where accommodation is provided and the departure from their destination or the place en route to their destination. Provided further that on the day of arrival of a Non- Commissioned Officer at their destination and on the day of departure from their destination for the journey home or place of attachment she/he will be compensated in terms of subclause (i) for one third of the period:

 

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

 

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

 

For the purpose of this paragraph any period between the hours of 6pm and 8am during which a Non-Commissioned Officer is provided with accommodation at their destination will be disregarded.

 

(v)        Where a Non-Commissioned Officer performs duty at a place other than the Station, Section or Branch to which they are attached, the time taken travelling to and from such place in excess of normal travelling time between their home and place of attachment shall be compensated by payment at the travelling time rate, as specified in subclause (i).

(vi)       A Non-Commissioned Officer travelling in accordance with subclause (v) above shall be entitled to recover from the New South Wales Police the cost of any fares in excess of those normally incurred in travelling between their home and place of attachment.

 

52.  Time in Lieu of Payment of Travelling Time and Overtime

 

(i)         A Non-Commissioned Officer may elect, with the approval of their commander/manager, to take time off in lieu of payment for their entitlements under the provisions of clause 45 Overtime and clause 51 Travelling Time.

 

(ii)        When a Non-Commissioned Officer works any overtime or incurs any travelling time they may aggregate the entitlements in respect of such overtime or travelling time and elect to take time off in lieu of payment for those entitlements.

 

(iii)       Time off in lieu shall be calculated at the same rate that would have applied to the payment of overtime and travelling time in terms of clauses 45, and 51.

 

(iv)       Time off in lieu shall generally be taken when sufficient time has been accrued to enable a full shift, or multiples thereof, to be taken off duty. Time off in lieu may be combined with other forms of leave for to enable a full shift to be taken off duty. Subject to operational convenience a commander/manager may approve applications for time off in lieu of less than a full shift.

 

(v)        Subject to the provisions of this clause Non-Commissioned Officers who have an entitlement to overtime or travelling time may elect to take part of their entitlement as time off in lieu and receive payment for the remaining portion of the entitlement. A Non-Commissioned Officer cannot be compelled to take time off in lieu of payment for overtime or travelling time.

 

(vi)       Unless otherwise approved by the Commissioner, the maximum amount of time off in lieu accrued by a Non-Commissioned Officer shall not exceed 48 hours. Where a Non-Commissioned Officer has exceeded the accrual limit prescribed by this subclause no further applications for time off in lieu shall be approved until a suitable reduction has been made to the total time off in lieu entitlement.

 

53.  Relieving Duty

 

(i)         Any Constable relieving a Sergeant or Senior Sergeant for not less than 1 week during such period performing the duties of the relieved officer shall be paid for the whole period an allowance at the rate of the difference between their salary and the salary fixed by this Award for a Sergeant Level 1. Provided further that from the beginning of the first full pay period commencing on or after 1 July 2006 any constable relieving a Sergeant or Senior Sergeant for not less than 1 week during such period performing the duties of the relieved officer shall be paid for the whole period an allowance at the rate of the difference between their salary and the salary fixed by this Award for a Sergeant 1st Year.

 

(ii)        Any Sergeant relieving a Senior Sergeant for not less than 1 week, and during such period performing the duties of the relieved officer, shall be paid for the whole period an allowance at the rate of the difference between their salary and the salary fixed by this Award for a Senior Sergeant Level 1. Provided further that, from the beginning of the first full pay period commencing on or after 1 July 2006 any Sergeant relieving a Senior Sergeant for a period of not less than 1 week and during such period performing the duties of the relieved officer shall be paid for the whole period an allowance at the rate of the difference between their salary and the salary fixed by this Award for a Senior Sergeant 1st year

 

(iii)       From the beginning of the first full pay period commencing on or after 1 July 2006 any Constable or Detective relieving a Detective Sergeant or Detective Senior Sergeant for not less than 1 week and during such period performing the duties of the relieved officer shall be paid for the whole period an allowance at the rate of the difference between their salary and the salary fixed by this Award for a Detective Sergeant 1st Year.

 

 

(iv)       From the beginning of the first full pay period commencing on or after 1 July 2006 any Sergeant or Detective Sergeant a Detective Senior Sergeant for not less than 1 week and during such period performing the duties of the relieved officer shall be paid for the whole period an allowance at the rate of the difference between their salary and the salary fixed by this Award for a Detective Senior Sergeant 1st Year.

 

(v)        Any Non-Commissioned Officer relieving a Commissioned Officer for not less than one week and during such period of relief performing the duties of the relieved officer, shall be paid for the whole period of relief an allowance at the rate of the difference between their salary and the salary fixed by this Award for the rank of Inspector Level 1.  Provided further that from the beginning of the first full pay period commencing on or after 1 July 2006 any Non-Commissioned Officer relieving a Commissioned Officer for not less than one week and during such period of relief performing the duties of the relieved officer, shall be paid for the whole period of relief an allowance at the rate of the difference between their salary and the salary fixed by this Award for an  Inspector 1st year.

 

(vi)       Provided that:

 

(a)        these provisions shall not apply to where the relieved officer, due to him/her having been promoted but not transferred, is performing duties which would normally be carried out by an officer of lower rank;

 

(b)        for the purpose of this provision a week shall mean a period of 7 consecutive calendar days inclusive of any rest or recurrent leave days rostered during that period;

 

(c)        periods of less than 1 week shall not be taken into account.

 

(vii)      A Non-Commissioned Officer permanently assigned by the Commissioner to duties of a rank or position higher than their own shall continue to be paid the allowance prescribed in this clause whilst the Non-Commissioned Officer is on leave.

 

54.  Public Holidays

 

(i)         Non-Commissioned Officers required to work on the days on which New Year’s Day, Australia Day, Good Friday, Easter Saturday, 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, shall be paid at the rate of time and one half (i.e. half time in addition to ordinary rate).

 

(ii)        A Non-Commissioned Officer rostered to take a public holiday as a rest or recurrent leave 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, shall be paid for the performance of duty on that shift in lieu of being granted an alternate rest or recurrent leave day at the overtime rate specified in subclause (i) of clause 45 of this Award.

 

55.  Competency Based Incremental Progression

 

(i)         Except as otherwise provided for Leading Senior Constables, Sergeants, Senior Sergeants and Detectives elsewhere in this clause, incremental progression for Non-Commissioned Officers shall be based on:

 

(a)        a minimum period of twelve (12) months service on each incremental level or step as defined in Table 1 - Non-Commissioned Officers' Salaries of Part B; Monetary Rates; and

 

(b)        compliance with the competency requirements specified in this clause.

 

(ii)        It is the responsibility of Non-Commissioned Officers to ensure they are familiar with the contents of this clause and to make all reasonable efforts to comply with the requirements contained therein.

 

(iii)       Commanders/Managers are responsible to ensure that Non-Commissioned Officers under their control are given every opportunity to comply with the requirements of this clause.  This shall include but not necessarily be limited to:

 

(a)        ensuring that Non-Commissioned Officers have sufficient time, on duty, to undertake necessary training;

 

(b)        ensuring that Non-Commissioned Officers have access to the necessary training facilities; and

 

(c)        the provision of remedial training where necessary.

 

(iv)       Commanders/Managers are not to certify a Non-Commissioned Officer as competent unless satisfied they have met the requirements of this clause.

 

(v)        Competency Requirements

 

Subject to a Non-Commissioned Officer’s rank and level the competency requirements for incremental progression shall be:

 

(a)        Constable’s Education Program

 

For confirmation as a constable of police, Non-Commissioned Officers must successfully complete the Constable’s Education Program and/or meet any other requirements or attain any other qualifications necessary for confirmation as determined by the Commissioner from time to time.

 

(b)        Base Generic Competencies

 

(1)        Maintenance of Defensive Tactics (Including Firearms) and CPR/First Aid Training

 

Non-Commissioned Officers must meet or exceed the minimum level of competency established by the Commissioner in consultation with the Association.  The required level of competency must be attained within the training year (1 July to 30 June) prior to a Non-Commissioned Officer’s increment falling due.

 

A Non-Commissioned Officer who fails to meet the minimum competency shall be subject to remedial training.

 

A Non-Commissioned Officer who fails to meet the minimum level of competency following a course of remedial training will have their increment deferred for the amount of time taken to satisfy the minimum level of competency required.

 

(2)        Physical Fitness Standard

 

For the purpose of this paragraph illness or injury is not to be regarded as a factor in determining a Non-Commissioned Officer’s level of physical fitness.

 

In the event of an "incident" or "situation" occurring or arising where a Non-Commissioned Officer’s level of fitness, taking into account their deployment and age, was a contributing factor to the "incident" or "situation" then such Non-Commissioned Officer may be referred to the New South Wales Police Medical Branch for assessment as to their fitness and development of a remedial program.  Such a program shall take into account any advice provided by the Non-Commissioned Officer’s medical practitioner.

 

If a Non-Commissioned Officer has not made sufficient progress towards a reasonable level of fitness at the end of the first review period under the program, incremental progression shall be deferred by the period between the first review and the time when sufficient progress is made towards a reasonable level of fitness.

The assessment of a Non-Commissioned Officer’s level of physical fitness shall have regard to their deployment and age.

 

(3)        Driver Status

 

Safe Driving Policy - A Non-Commissioned Officer who has their status to drive New South Wales Police vehicles revoked pursuant to the Safe Driving Policy shall undertake a driver development program.  Failure to gain driver status at the end of the program shall result in deferral of the Non-Commissioned Officer’s incremental progression by the period from the conclusion of the program until they satisfy the requirements of the program or have their status reinstated.

 

A local decision by a Commander/Manager to prohibit a Non-Commissioned Officer from driving will have no effect on incremental progression.

 

A Non-Commissioned Officer who has their status to drive New South Wales Police vehicles revoked may appeal the decision to the Commissioner in accordance with the Safe Driving Policy.

 

Civilian Licence - Loss of civilian licence will result in the deferral of incremental progression by the period of that loss.

 

(4)        Computerised Operational Policing (COPS) System Literacy

 

Subsequent to initial training on the COPS system, Non-Commissioned Officers are expected to be able to utilise the system to the degree necessary to perform their duties.

 

Where a Non-Commissioned Officer demonstrates a deficiency in the use of the system necessary to perform their duties they shall be placed on a remedial program.

 

If at the end of a program a Non-Commissioned Officer has been unable to overcome their deficiency, their incremental progression will be deferred by the period of time taken to reach the required standard.

 

Non-Commissioned Officers whose deployment is changed shall be provided with further training on the COPS system, which is specific to their new area of deployment.

 

(c)        Mandatory Continuing Police Education (MCPE)

 

Non-Commissioned Officers are obliged to complete the agreed requisite MCPE program for each training year.  Each annual MCPE program shall be developed by the Commissioner in consultation with the Association.  MCPE programs shall cover such topic areas as:

 

Maintenance of current policing knowledge

 

Corporate Key Result and Key Practice Areas

 

Maintenance of expert status for specialists

 

Non-Commissioned Officers who fail to complete the MCPE program within the training year will have their incremental progression deferred by the period between the end of the training year and until completion of the program is achieved. Non-Commissioned Officers who are unable to complete the program due to New South Wales Police requirements shall not have their incremental progression deferred as a consequence of not meeting their MCPE obligations.

 

 

 

 

(d)        Objective Test of Policing Knowledge

 

Within the six months leading up to a change in "Level" as defined in Table 1 - Non-Commissioned Officers' Salaries of Part B, Monetary Rates, Non-Commissioned Officers are required to pass an objective test of policing knowledge. Unless determined otherwise, the test shall be conducted by way of computer terminal using the New South Wales Police computer network.  From the beginning of the first full pay commencing on or after 1 July 2006 Sergeants, Senior Sergeants and Detectives will be required to pass the test within the six months leading up to any increment which involves a pay increase.

 

The Commissioner shall be responsible for development, maintenance and integrity of the test in consultation with the Association.

 

Non-Commissioned Officers may sit a trial of the test as often as they want, subject to New South Wales Police convenience.

 

Non-Commissioned Officers may fail and re-sit the test, at any time within the six months leading up to the appropriate increment date. However, Non-Commissioned Officers who are unable to pass the test by the appropriate increment date shall have their increment deferred until such time as the test is passed.

 

(e)        Performance Management Scheme

 

An appropriate performance management scheme relevant to rank shall be applied to Non-Commissioned Officers. Non-Commissioned Officers are required to perform their duties in accordance with the provisions of the scheme. Non-Commissioned Officers who fail to perform at the agreed level will be placed on a poor performer’s scheme.

 

If, at the conclusion of the poor performer’s scheme a Non-Commissioned Officer has not satisfied the requirements of the scheme, their incremental progression shall be deferred by the period taken to satisfy the scheme.

 

(vi)       Effect on Incremental Progression Where Multiple Competencies Not Satisfied.

 

Should any Non-Commissioned Officer fail to satisfy more than one competency required for incremental progression then the period of loss of incremental progression shall be concurrent not cumulative.  That is, the competency taking the longest period to satisfy, of any competencies shall be the period of deferral of incremental progression.

 

(vii)      Increments Falling Due During a Period of Initial Remedial Training

 

In the event of a Non-Commissioned Officer’s increment falling due during a period of initial remedial training or participation in a poor performers scheme, it will not be deferred. However, if such training is not satisfied, progression to the next increment will be deferred by the period of time taken after such training or participation until such time as the Non-Commissioned Officer has reached the required competency standard.

 

(viii)     Requirements for Progression Through the Various Ranks and Grades

 

(a)        Progression to Constable Level 2 (Confirmation)

 

Progression to Constable Level 2 increment shall be contingent upon:

 

(1)        Achievement of 12 months service as a Probationary Constable or any other period as the Commissioner may direct in accordance with clause 13 of the Police Regulation, 2000.

 

(2)        Successful completion of the Constable’s Education Program and/or the attainment of any other qualifications or requirements as determined by the Commissioner from time to time.

(3)        Confirmation as a constable.

 

(b)        Progression to Constable Levels 3, 4, and 5

 

Progression to Constable Levels 3,4, and 5 shall be contingent upon:

 

(1)        12 months service on each previous increment.

 

(2)        Maintenance of the Base Generic Competencies during the training year prior to the increment falling due. Should the Base Generic Competencies not be satisfied, incremental progression shall be deferred in accordance with the provisions of this clause.

 

(c)        Progression Beyond Constable Level 5 (Promotion to Senior Constable)

 

Progression beyond Constable Level 5 and for promotion to Senior Constable shall be contingent upon:

 

(1)        Successful completion of the Constable’s Development Program (or equivalent qualification);

 

(2)        Maintenance of the Base Generic Competencies in accordance with the provisions of this clause.

 

(3)        Passing the Objective Test of Policing Knowledge in accordance with the provisions of this clause.

 

(d)        Progression to Each Subsequent Incremental Level (Including Progression within the Sergeant and Senior Sergeant Ranks)

 

Progression within the ranks of Senior Constable, Sergeant and Senior Sergeant shall be contingent upon:

 

(1)        12 months service on each previous increment (both level and step).

 

(2)        Maintenance of the Base Generic Competencies in accordance with the provisions of this clause.

 

(3)        Completion of the Mandatory Continuing Police Education (MCPE) requirements in accordance with the provisions of this clause.

 

4)         Passing the Objective Test of Policing Knowledge in accordance with the provisions of this clause (for progression to each level only).

 

(5)        Satisfactory performance under the appropriate Performance Management Scheme.

 

(ix)       Effect of Any Deferral of Incremental Progression

 

(a)        The period of deferral of an increment shall be determined by the period of time taken to achieve the appropriate competency and/or performance standards in accordance with the provisions of this clause.

 

(b)        Where an increment is deferred:

 

(1)        within the first 3 years of employment as a Non-Commissioned Officer, the original increment date is to be retained for future increments;

 

(2)        after the first 3 years of employment as a Non-Commissioned Officer, all future incremental dates are to be varied by the period of deferment.

(x)        Non-Commissioned Officers Medically Excused from Demonstrating Certain Competencies

 

A Non-Commissioned Officer who, as a consequence of being placed on alternative duties, is medically excused from any activity aimed at demonstrating their competence, shall not have normal incremental progression deferred as a result of that non participation. Should a Non-Commissioned Officer return to full duty, within 6 months of their return, they shall be required to demonstrate or achieve the required level of skill in the excused competency.

 

Such Non-Commissioned Officer shall be given appropriate training in order that they are able to reasonably comply with such procedures.

 

Any failure to comply will require the Non-Commissioned Officer to undergo appropriate remedial training. Should the Non-Commissioned Officer then remain unable to meet the requirements of the particular competency incremental progression shall be deferred in accordance with the provisions of this clause. Provided that the increment subject to deferral in accordance with this sub clause shall be the first increment occurring after the 6 month period.

 

(xi)       Part-time Non-Commissioned Officers

 

Non-Commissioned Officers working under a part-time arrangement shall be subject to the provisions of this clause as if they were a full-time officer. Part-time Non-Commissioned Officers may have their rosters amended to facilitate their compliance with the requirements of this clause. Attendance at any necessary training/assessment may also be facilitated at locations other than the Non-Commissioned Officer’s normal place of attachment.

 

(xii)      Effect of Long Term Absences

 

Non-Commissioned Officers on secondment, full time leave without pay, special leave without pay, extended sick leave, Workers Compensation/Hurt on Duty absences or returning from suspension shall be regarded as having satisfied the requirements of any entitlement to incremental progression provided that within 6 months of their return to duty they comply with the requirements of this clause.

 

Such Non-Commissioned Officers shall be given appropriate training in order that they are able to reasonably comply with such procedures.

 

Any failure to comply will require the Non-Commissioned Officer to undergo appropriate remedial training.  Should the Non-Commissioned Officer then remain unable to meet the requirements of any particular competency, incremental progression shall be deferred in accordance with the provisions of this clause. Provided that the increment subject to deferral in accordance with this sub clause shall be the first increment occurring after the 6 month period.

 

(xiii)     Performance Management for Seconded Officers

 

Non-Commissioned Officers on secondment from the New South Wales Police whether by way of Special Leave Without Pay or otherwise, must comply with the requirements, if any, of the seconding organisation’s performance management scheme. They must bring with them on return to the New South Wales Police a certificate from the seconding organisation as to their satisfactory compliance to be considered to have maintained the requirements of the Performance Management Scheme. If no such scheme is in place, Non- Commissioned Officers will be required to produce a certificate to that effect from the seconding organisation.

 

(xiv)     Effect on Transfers

 

Non-Commissioned Officers who are prevented from undertaking a competency or attending the required number of MCPE lectures as a consequence of a transfer shall have such matters taken into account in competency assessment. Non-Commissioned Officers who have an outstanding obligation on transfer should immediately notify their supervisor on taking up duty at the new location.

 

(xv)      Leading Senior Constables

 

In addition to the mandatory competency requirements contained within this clause Leading Senior Constables shall be required to satisfy the following for incremental progression:

 

(a)        Passing of an objective test of policing knowledge (relevant to the role and responsibilities of Leading Senior Constable) within a period of one month prior to the anniversary of appointment as a Leading Senior Constable. The passing of a test under the provisions of this paragraph shall suffice for the requirements of paragraph (d) of subclause (v) of this clause.

 

(b)        Satisfaction of a rigorous performance assessment regime including quarterly and annual reviews of performance. For the purpose of this paragraph agreed rigorous performance assessment means the Leading Senior Constable and their supervisor participate in feedback discussions on the demonstrated performance, knowledge, skills and abilities of the Leading Senior Constable’s performance in their role. Where the requisite performance is not demonstrated then discussions should identify the areas needing attention with agreed courses of action and timeframes for review.

 

(xvi)     Sergeants/Senior Sergeants

 

In addition to the mandatory competency requirements contained within this clause progression beyond Sergeant 6th Year and Senior Sergeant 4th Year shall be based on:

 

(a)        Satisfaction of an agreed rigorous performance assessment regime including quarterly and annual review of the Sergeant and, where appropriate, the team’s performance. For the purpose of this paragraph an agreed rigorous performance assessment means the Sergeant and their supervisor participate in feedback discussions on the demonstrated performance, knowledge, skills and abilities of the Sergeant’s performance in their role. Where the requisite performance is not demonstrated then discussions should identify the areas needing attention with agreed courses of action and timeframes for review.

 

(b)        Demonstration of an ongoing commitment to professional development as evidenced by the successful completion of the relevant courses and a commitment to undertake or preparedness to undertake courses that raise skill level.

 

(xvii)    Detectives

 

In addition to the mandatory competency requirements contained within this clause Detectives shall be required to satisfy the following for incremental progression:

 

(a)        Progression up to Detective 8th Year

 

Designation as a Detective, or currently undertaking, or being prepared to undertake (by way of written commitment) the Detectives Education Program (DEP). The parties recognise that program availability and other factors may impinge upon a Detective’s capacity to undertake the DEP.

 

(b)        Progression beyond Detective 8th Year

 

(1)        Satisfaction of an agreed rigorous performance assessment regime including quarterly and annual reviews of the Detective’s performance. For the purpose of this sub paragraph performance assessment shall include assessment of the Detective’s role as a guide, mentor and trainer of less experienced Detectives.

 

(2)        Completion of or commitment to undertake or being prepared to undertake courses that raise skill level.

 

 

(c)        Progression beyond Detective Sergeant 3rd Year and Detective Senior Sergeant 3rd Year

 

(1)        Satisfaction of an agreed rigorous performance assessment regime including quarterly and annual reviews of the Detective Sergeant’s/Detective Senior Sergeant’s and, where appropriate, the team’s performance. For the purpose of this paragraph an agreed rigorous performance assessment means the Detective Sergeant/Detective Senior Sergeant and their supervisor participate in feedback discussions on the demonstrated performance, knowledge, skills and abilities of the Detective Sergeant’s/Detective Senior Sergeant’s performance in their role. Where the requisite performance is not demonstrated then discussions should identify the areas needing attention with agreed courses of action and timeframes for review.

 

(2)        Demonstration of an ongoing commitment to professional development as evidenced by the successful completion of the relevant courses and a commitment to undertake or preparedness to undertake courses that raise skill level.

 

56.  Provision of Uniform

 

(i)         Suitable uniforms of good quality as approved by the Commissioner after consultation with the Association shall be provided to all Non-Commissioned Officers required to wear uniforms.

 

(ii)        Initial Issue

 

(a)        Standard Police Dress Uniform - Initial Issue

 

All uniformed Non-Commissioned officers recruited to New South Wales Police on or after the operative date of this Award shall be issued the following items of uniform:

 

 

(b)        In addition to the above items Non-Commissioned Officers shall, on request be supplied, with a pair of sunglasses.  Such sunglasses shall comply with the appropriate Australian Standard.

 

(iii)       Western Areas - Additional Initial Issue

 

In addition to the Standard Police Dress Uniform - Initial Issue prescribed in paragraph (ii) of this clause, Non-Commissioned Officers performing uniform duties in the stations of:

 

 

 

 

will be provided with:

 

three (3) pairs washable trousers/slacks/culottes

 

(iv)       Cold Climate Areas (Category 1) - Additional Initial Issue

 

In addition to the Standard Police Dress Uniform - Initial Issue prescribed in paragraph (ii) of this clause, Non-Commissioned Officers performing uniform duties in the stations of:

 

 

will be provided with:

 

one (1) pair gloves

 

four (4) pairs winter weight socks

 

(v)        Cold Climate Areas (Category 2)

 

In addition to the Standard Police Dress Uniform - Initial Issue prescribed in paragraph (ii) of this clause, Non-Commissioned Officers performing uniform duties in the stations of:

 

 

will be provided with:

 

one (1) fur lined cap

 

one (1) pair gloves

 

four (4) pairs winter weight socks

 

*Only members of the Highway Patrol who regularly perform duties within the Cooma & Tumut areas within the winter months.

 

(vi)       Snow Areas - Additional Initial Issue

 

In addition to the Standard Police Dress Uniform - Initial Issue prescribed in paragraph (a) of this subclause, Non-Commissioned Officers performing uniform duties in the Stations of: ‑

 

 

will be provided with:

 

one (1) pair gloves

 

four (4) pairs winter weight socks

 

one (1) pair snow boots

 

one (1) fur lined cap

 

two (2) woollen long sleeved shirts/blouses

 

(vii)      Annual Issue - Male

 

All male uniformed Non-Commissioned Officers shall be issued, in their second and subsequent years of service, with seven (7) pairs of socks, which will include four (4) pairs of winter weight socks when attached to the areas specified in paragraphs (iv), (v) and (vi) of this clause.

 

(viii)     Annual Issue - Female

 

All female uniformed Non-Commissioned Officers shall be issued, in their second and subsequent years of service, with three (3) pairs of socks. These three (3) pairs shall be winter weight socks when attached to the areas specified in paragraphs (iv), (v) and (vi) of this clause.

 

(ix)       Stocking Allowance

 

All female uniformed Non-Commissioned Officers shall, in addition to the uniform issued above, be paid an allowance as set out in Table 10 - Stocking Allowance (Non-Commissioned Officers), of Part B, Monetary Rates.

 

 

(x)        Plain Clothes Allowance

 

All Non-Commissioned Officers required to perform duty in plain clothes shall be paid a plain clothes allowance as set out in Table 11 - Plain Clothes Allowances (Non-Commissioned Officers),of Part B, Monetary Rates in lieu of the provision of uniform. Provided further that from the first pay period commencing on or after 1 July 2006 only Non-Commissioned Officers other than Detectives who meet the requirements of this subclause shall be paid a plain clothes allowance.

 

(xi)       Plain Clothes Allowance shall be paid on a pro rata basis where a Non-Commissioned Officer is required to perform duty in plain clothes for part of a year.

 

(xii)      In the case of a Non-Commissioned Officer ordinarily in receipt of a Plain Clothes Allowance, such allowance will not be payable when the Non Commissioned Officer is:

 

(a)        absent on sick leave for a continuous period exceeding 6 months;

 

(b)        absent on leave without pay (including Maternity, Parental and Adoption leave without pay); or

 

(c)        suspended from office.

 

(xiii)     Condemnation

 

Except for the annual issue of socks, all items of uniform will be replaced on condemnation only.

 

(xiv)     Interruption to Supply

 

Should there be an interruption to the supply of any item of uniform specified in this clause, due to circumstances beyond the control of New South Wales Police the Association is to be notified promptly in writing by New South Wales Police of the particular problem and the anticipated date of supply.

 

57.  Air Travel

 

(i)         Non-Commissioned Officers escorting prisoners in aircraft shall be in the ratio of at least one to one.  The maximum number of persons in custody being carried in any one aircraft shall be two.

 

(ii)        Non-Commissioned Officers required to travel in aircraft in the course of their duty, and prisoners and patients under escort shall be insured under the provisions of the New South Wales Treasury Managed Fund.

 

58.  Lockers

 

All Non-Commissioned Officers shall, at some reasonably convenient place, be provided with a suitable full-length locker.

 

59.  Work of a Menial Nature

 

Non-Commissioned Officers shall not be required to perform cleaning or similar work.

 

Division 5 - Commissioned Officers

 

60.  Salaries

 

(i)         Subject to the Police Act 1990, and Regulations and Any Requirements there under and to the Provisions of clause 61, "Competency Based Incremental Progression" (Commissioned Officers) of This Award, a Commissioned Officer Shall, According to the Position Or Rank Held and the Incremental Level Achieved, be Paid a Salary of Not Less Than the Amounts Prescribed in Table 2 - Commissioned Officers' Salaries of Part B, Monetary Rates.

(ii)        The salaries prescribed in Table 2 - Commissioned Officers' Salaries of Part B, Monetary Rates of this Award contain a loading in compensation for factors which the "loading" prescribed for Non-Commissioned Officers under clause 35, of this Award is intended to compensate.

 

(iii)       The parties recognise the "all up" nature of the Salaries prescribed in Table 2 - Commissioned Officers' Salaries of Part B, Monetary Rates of this Award, consistent with the description contained in New South Wales Police Circular 91/65, issued on 29 April 1991.

 

(iv)       The parties recognise the need, as a result of New South Wales Police restructures and other administrative priorities, to redeploy displaced Inspectors within the grades of the rank. This can occur, as per agreed policy documents, where an increase in salary is limited to less than a 5% differential between the maximum salaries of the two positions."

 

61.  Inspectors’ Salary Restructure and Transition

 

(i)         From the first full pay period commencing on or after 1 July 2006 the various grades of Inspector and Chief Inspector shall move to a new single salary structure for Inspectors. Transition to the new salary structure shall be in accordance with the following table:

 

 

(ii)        Inspectors and Chief Inspectors  who are classified as Inspector LAC Duty Officer Level 3, 1st year; Inspector LAC Duty Officer Level 3, 3rd Year (Up to 1 year on increment); Inspector Level 1; Inspector Level 4 (Up to 1 year on increment); Inspector LAC Duty Officer Level 2, 2nd Year, Inspector LAC Duty Officer Level 2, 4th Year (Up to 1 year on increment); Chief Inspector LAC Duty Officer Level 1, 1st Year and Chief Inspector LAC Duty Officer Level 1, 3rd Year shall retain their existing increment date on transition to the new salary structure  All other Inspectors and Chief Inspectors shall be entitled to their next increment 12 months from the date of transition, ie. from the first full pay period commencing in or after 1 July 2006.

(iii)The transition arrangements provide for the allowances currently paid to some Inspectors and Chief Inspectors to be absorbed.  Those allowances are plain cloths allowance; special expenses allowance; personal skills allowance; and operational detectives allowance.  No officer is to be disadvantaged through the transition arrangements.

 

62.  Superintendents’ Salary Restructure and Transition

 

(i)         From the first full pay period commencing on or after 1 July 2006 the various grades of Superintendent and Chief Superintendent shall move to a new single salary structure for Superintendents. Transition to the new salary structure shall be in accordance with the following table:

 

 

(ii)        Superintendents and Chief Superintendents  who are classified as Superintendent  LAC Commander Level 3, 2nd Year (Up to 1 year on increment); Superintendent Level 1; Superintendent Level 2; Superintendent Level 3 (Up to 1 year on increment); Superintendent LAC Commander Level 2, 2nd Year (Up to 1 year on increment; Chief Superintendent Level 1; Chief Superintendent Level 3 (Up to 1 year on increment) and Superintendent LAC Commander Level 1, 2nd Year shall retain their existing increment date on transition to the new salary structure.  All other Superintendents and Chief Superintendents shall be entitled to their next increment 12 months from the date of transition, i.e. from the first full pay period commencing on or after 1 July 2006.

 

(iii)  The transition arrangements provide for the allowances currently paid to some Inspectors and Chief Inspectors to be absorbed. Those allowances are plain cloths allowance; special expenses allowance; personal skills allowance; and operational detectives allowance. No officer is to be disadvantaged through the transition arrangements.

 

63.  Hours of Duty

 

(i)         The ordinary hours of duty for all Commissioned Officers shall be, an overall average, of 38 hours per week.

 

(ii)        Consistent with the provisions of subclause (iii) of clause 60, Salaries, any additional duty required to be performed outside of ordinary hours of duty shall attract no additional remuneration.

 

(iii)       Commissioned Officers whose performance of work is not subject to regular shift rostering practices shall be individually accountable for the proper, efficient and effective management of their time, so as to ensure that the objectives and goals of their commands are met and that all resources of the command are managed in an efficient and effective manner.  Such officers shall manage their own time subject to the overriding discretion of senior officers to direct the performance of duty.

 

(iv)       The parties recognise that the flexibility of working hours in respect to Commissioned Officers referred to in subclause (iii) above may provide them with an opportunity to avail themselves of additional days off, free of duty, over and above their normal rest days or any other form of normally available paid leave.

 

(v)        With the exception of those Commissioned Officers referred to in subclause (vi) below, Commissioned Officers shall not normally be required to attend for duty on Public Holidays.  Any such requirement to attend however, shall not attract any additional remuneration or entitlement to time off in lieu except for the accrual of additional annual leave as prescribed in subclause (v) of clause 18, Annual Leave.

 

(vi)       Commissioned Officers Regularly Rostered to Work Shiftwork on Sundays and Public Holidays

 

Commissioned Officers who are regularly rostered to work shiftwork on Sundays and Public Holidays shall be subject to the provisions of clause 42, Hours of Duty (Non-Commissioned Officers) as if they were Non-Commissioned Officers.  Provided further that no overtime shall apply to Commissioned Officers where they may be required to work on a cancelled or deferred rest day irrespective of the notice given to work on any such day.

 

(vii)      Commissioned Officers other than those Regularly Rostered to Work Shiftwork on Sundays and Public Holidays

 

The following provisions shall apply to Commissioned Officers other than those described in subclause (vi) above:

 

(a)        Commissioned Officers shall manage their own time subject to the overriding discretion of their commanders/managers to direct the performance of duty.

 

(b)        Commissioned Officers covered by this subclause will generally not be required to attend for duty on Public Holidays. However, any requirement to attend on such days shall attract additional annual leave in accordance with subclause (v) and clause 18, Annual Leave.

 

64.  Fixed Term Appointment

 

(i)         Each Commissioned Officer shall be the subject of a Fixed Term Appointment in accordance with the provisions of Part 6, Division 3A of the Police Act 1990.

 

(ii)        Subject to the provisions of this Award, there shall be a general presumption in favour of renewal of Fixed Term Appointments

 

(iii)       Fixed Term Appointments shall generally expire only by the effluxion of time. No occurrence of any nature shall have the effect of extending the period of any appointment beyond its nominated expiry date.

 

 

 

65.  Non-Renewal Benefit

 

(i)         Commissioned Officers being subject to Fixed Term Appointments in accordance with Part 6, Division 3A of the Police Act 1990 shall accrue an entitlement to the payment of a benefit, equal to twelve and one half (12.5) percent of total salary earnings for each completed fixed term appointment, in accordance with the following provisions:

 

(a)        The entitlement shall commence to accrue from the beginning of the first Fixed Term Appointment of each Commissioned Officer;

 

(b)        The benefit shall only be payable in respect of each completed Fixed Term Appointment;

 

(c)        Any Commissioned Officer who resigns or retires (excluding medical retirement where application is supported by the Commissioner) from New South Wales Police during the currency of a Fixed Term Appointment shall be regarded as not having completed that particular Term and no benefit shall be payable in respect of that incomplete Term. However, all accrued benefits from previously completed Terms shall be payable;

 

(d)        Any Fixed Term Appointment terminated, either through the death of the Commissioned Officer, the medical retirement of the Commissioned Officer where application is supported by the Commissioner or upon promotion in accordance with Part 6, Division 3A of the Police Act 1990, shall be deemed to be a completed Term for the purpose of accrual of the benefit;

 

(e)        In circumstances where a Commissioned Officer is "removed" from New South Wales Police under the provisions of s181D of the Police Act 1990 (as amended), there will be no eligibility for the Non Renewal Benefit including previously completed Terms. However, in circumstances where a Commissioned Officer, under the provisions of s181E of the Act, applies for a review by the Industrial Relations Commission of any such "removal" on the grounds that it is harsh, unreasonable or unjust, and such application is upheld by the Industrial Relations Commission, then no matter what the remedy, such Commissioned Officer retains eligibility to the Non Renewal Benefit.

 

(f)         In circumstances however, where in conciliation proceedings, the Commissioner is prepared to consent to a Commissioned Officer’s reinstatement for the purpose of allowing the Commissioned Officer to resign, and such reinstatement and resignation is effected, then the usual eligibility criteria, as contained within the provisions of this clause shall apply.

 

(g)        Consistent with the provisions of subclauses (b) and (c) above any entitlement to a benefit shall become payable upon termination of employment (including medical retirement where application is supported by the Commissioner) or termination as a result of a decision by the Commissioner not to renew an expired Fixed Term;

 

(h)        Commissioned Officers who are appointed to a position with the Police Senior Executive Service shall have the amount of their benefit capped as at the date of such appointment and that benefit shall be available at that capped amount in accordance with the provisions herein;

 

(i)         Commissioned Officers who (whether through the exercise of a right of return or otherwise) enter a Fixed Term Appointment, subsequent to a period of appointment within the Police Senior Executive Service, will accrue a benefit exclusive of any salary earned whilst a member of New South Wales Police Senior Executive Service. Any such benefit shall be in addition to any capped benefit to which a Commissioned Officer may be entitled in accordance with subclause (h) above

 

66.  Competency Based Incremental Progression

 

(i)         Incremental progression for Commissioned Officers shall be based on:

 

(a)        a minimum period of twelve (12) months service on each incremental level where defined in Table 2 - Commissioned Officers' Salaries of Part B, Monetary Rates; and

(b)        compliance with the competency requirements specified in this clause;

 

(ii)        It is the responsibility of Commissioned Officers to ensure they are familiar with the contents of this clause and to make all reasonable efforts to comply with the requirements contained therein.

 

Commanders/Managers are responsible to ensure that Commissioned Officers under their control are given every opportunity to comply with the requirements of this clause. This shall include but not necessarily be limited to:

 

(a)        ensuring that Commissioned Officers have sufficient time, on duty, to undertake necessary training;

 

(b)        ensuring that Commissioned Officers have access to the necessary training facilities; and

 

(c)        the provision of remedial training where necessary.

 

Commanders/Managers are not to certify a Commissioned Officer as competent unless satisfied they have met the requirements of this clause.

 

(iii)       Competency Requirements

 

The competency requirements for incremental progression for Commissioned Officers shall be:

 

(a)        Base Generic Competencies

 

(1)        Maintenance of Defensive Tactics including Firearms Competency  (where appropriate to deployment) and CPR/First Aid Training

 

Commissioned Officers must meet or exceed the minimum level of competency established by the Commissioner in consultation with the Association. The required level of competency must be attained within the training year (1 July to 30 June) prior to a Commissioned Officer’s increment falling due.

 

A Commissioned Officer who fails to meet the minimum competency shall be subject to remedial training.

 

A Commissioned Officer who fails to meet the minimum level of competency following a course of remedial training will have their increment deferred for the amount of time taken to satisfy the minimum level of competency required.

 

(2)        Physical Fitness Standard

 

For the purpose of this paragraph illness or injury is not to be regarded as a factor in determining a Commissioned Officer’s level of physical fitness.

 

In the event of an "incident" or "situation" occurring or arising where a Commissioned Officer’s level of fitness, taking into account their deployment and age, was a contributing factor to the "incident" or "situation" then such Commissioned Officer may be referred to the New South Wales Police Medical Branch for assessment as to their fitness and development of a remedial program.  Such a program shall take into account any advice provided by the Commissioned Officer’s medical practitioner.

 

If a Commissioned Officer has not made sufficient progress towards a reasonable level of fitness at the end of the first review period under the program, incremental progression shall be deferred by the period between the first review and the time when sufficient progress is made towards a reasonable level of fitness.

 

The assessment of a Commissioned Officer’s level of physical fitness shall have regard to their deployment and age.

 

(3)        Driver Status

 

Safe Driving Policy - A Commissioned Officer who has their status to drive New South Wales Police vehicles revoked pursuant to the Safe Driving Policy shall undertake a driver development program.  Failure to gain driver status at the end of the program shall result in deferral of the Commissioned Officer’s incremental progression by the period from the conclusion of the program until they satisfy the requirements of the program or have their status reinstated.

 

A local decision by a Commander/Manager to prohibit a Commissioned Officer from driving will have no effect on incremental progression.

 

A Commissioned Officer who has their status to drive New South Wales Police vehicles revoked may appeal the decision to the Commissioner in accordance with the Safe Driving Policy.

 

Civilian Licence - Loss of civilian licence will result in the deferral of incremental progression by the period of that loss.

 

(4)        Computerised Operational Policing (COPS) System Literacy

 

Subsequent to initial training on the COPS system, Commissioned Officers are expected to be able to utilise the system to the degree necessary to perform their duties.

 

Where a Commissioned Officer demonstrates a deficiency in the use of the system necessary to perform their duties they shall be placed on a remedial program.

 

If at the end of a program a Commissioned Officer has been unable to overcome their deficiency, their incremental progression will be deferred by the period of time taken to reach the required standard.

 

Commissioned Officers whose deployment is changed shall be provided with further training on the COPS system which is specific to their new area of deployment.

 

(b)        Mandatory Continuing Police Education (MCPE)

 

Commissioned Officers (other than Commissioned Officers occupying command positions) are obliged to complete the agreed requisite MCPE program for each per training year. Each annual MCPE program shall be developed by the Commissioner in consultation with the Association. MCPE programs shall cover such topic areas as:

 

Maintenance of current policing knowledge

 

Corporate Key Result and Key Practice Areas

 

Maintenance of expert status for specialists

 

Commissioned Officers occupying Command positions will be personally responsible for maintaining their own MCPE currency. They may elect to do so either by private study or through completion of the MCPE program.

 

For the purpose of this paragraph a Command position is one which ascribes the occupant the title of  "Commander" or "Manager", (other than positions of a non-command nature such as Crime Manager, Professional Standards Manager, Operations Manager, Human Resources Manager and the like).

Commissioned Officers, other than those Commissioned Officers occupying Command positions, who fail to complete the MCPE program within the training year will have their incremental progression deferred by the period between the end of the training year and until completion of the program is achieved. Commissioned Officers who are unable to complete the program due to New South Wales Police requirements shall not have their incremental progression deferred as a consequence of not meeting their MCPE obligations.

 

(c)        Performance Management Scheme

 

(1)        An appropriate performance management scheme shall be applied to Commissioned Officers.  Commissioned Officers are required to perform their duties in accordance with the provisions of the scheme. Commissioned Officers who fail to perform at the agreed level will be placed on a poor performer’s scheme.

 

If, at the conclusion of the poor performer’s scheme a Commissioned Officer has not satisfied the requirements of the scheme, their incremental progression shall be deferred by the period taken to satisfy the scheme.

 

(2)        From the first pay period commencing on or after 1 July 2006 progression beyond Inspector 4th Year, Inspector 6th Year and Superintendent 5th year shall be subject to Commissioned Officers demonstrating above satisfactory work performance. In this regard Commissioned Officers shall be required to satisfy an agreed rigorous performance assessment regime including quarterly and annual reviews of performance. Commissioned Officers shall also demonstrate an ongoing commitment to their professional development including the provision of evidence of the successful completion of relevant courses. This includes a commitment to undertake or preparedness to undertake courses that raise skill level.

 

For the purpose of this sub paragraph an agreed rigorous performance assessment means the Commissioned Officer and their Commander/Manager participate in feedback discussions on the demonstrated performance, knowledge, skills and abilities of the Commissioned Officer’s performance in their role. Where the requisite performance is not demonstrated then discussions should identify the areas needing attention with agreed courses of action and timeframes for review.

 

(iv)       Effect on Incremental Progression Where Multiple Competencies Not Satisfied

 

Should any Commissioned Officer fail to satisfy more than one competency required for incremental progression then the period of loss of incremental progression shall be concurrent not cumulative.  That is, the competency taking the longest period to satisfy, of any competencies shall be the period of deferral of incremental progression.

 

(v)        Increments Falling Due During a Period of Initial Remedial Training

 

In the event of a Commissioned Officer’s increment falling due during a period of initial remedial training or participation in a poor performers scheme, it will not be deferred. However, if such training is not satisfied, progression to the next increment will be deferred by the period of time taken after such training or participation until such time as the Commissioned Officer has reached the required competency standard.

 

(vi)       Effect of Any Deferral of Incremental Progression

 

(a)        The period of deferral of an increment shall be determined by the period of time taken to achieve the appropriate competency and/or performance standards in accordance with the provisions of this clause.

 

(b)        Where an increment is deferred all future incremental dates are to be varied by the period of deferment.

(vii)      Commissioned Officers Medically Excused from Demonstrating Certain Competencies

 

A Commissioned Officer, who as a consequence of being placed on alternative duties, is medically excused from any activity aimed at demonstrating their competence, shall not have normal incremental progression deferred as a result of that non-participation.  Should a Commissioned Officer return to full duty, within 6 months of their return, they shall be required to demonstrate or achieve the required level of skill in the excused competency.

 

Such Commissioned Officer shall be given appropriate training in order that they are able to reasonably comply with such procedures.

 

Any failure to comply will require the Commissioned Officer to undergo appropriate remedial training.  Should the Commissioned Officer then remain unable to meet the requirements of the particular competency incremental progression shall be deferred in accordance with the provisions of this clause.  Provided that the increment subject to deferral in accordance with this subclause shall be the first increment occurring after the 6 month period.

 

(viii)     Part-time Commissioned Officers

 

Commissioned Officers working under a part-time arrangement shall be subject to the provisions of this clause as if they were a full-time officer. Part-time Commissioned Officers may have their rosters amended to facilitate their compliance with the requirements of this clause. Attendance at any necessary training/assessment may also be facilitated at locations other than the Commissioned Officer’s normal place of attachment.

 

(ix)       Effect of Long Term Absences

 

Commissioned Officers on secondment, full time leave without pay, special leave without pay, extended sick leave, Workers Compensation/Hurt on Duty absences or returning from suspension shall be regarded as having satisfied the requirements of any entitlement to incremental progression provided that within 6 months of their return to duty they comply with the requirements of this clause.

 

Such Commissioned Officers shall be given appropriate training in order that they are able to reasonably comply with such procedures.

 

Any failure to comply will require the Commissioned Officer to undergo appropriate remedial training.  Should the Commissioned Officer then remain unable to meet the requirements of any particular competency, incremental progression shall be deferred in accordance with the provisions of this clause.  Provided that the increment subject to deferral in accordance with this subclause shall be the first increment occurring after the 6 month period.

 

(x)        Performance Management for Seconded Officers

 

Commissioned Officers on secondment from the New South Wales Police whether by way of Special Leave Without Pay or otherwise, must comply with the requirements, if any, of the seconding organisation’s performance management scheme.  They must bring with them on return to New South Wales Police a certificate from the seconding organisation as to their satisfactory compliance to be considered to have maintained the requirements of the Performance Management Scheme.  If no such scheme is in place, Commissioned Officers will be required to produce a certificate to that effect from the seconding organisation.

 

(xi)       Effect on Transfers

 

Commissioned Officers who are prevented from undertaking a competency or attending the required number of MCPE lectures as a consequence of a transfer shall have such matters taken into account in competency assessment.  Commissioned Officers who have an outstanding obligation on transfer should immediately notify their Commander/Manager on taking up duty at the new location.

 

(xii)      Review Process

 

From the first pay period commencing on or after 1 July 2006 a Commissioned Officer whose incremental progression is deferred as a consequence of not satisfying the criteria for progression may request review of such a decision.  Any review shall be internal only.  The grounds and process for conducting such a review shall be as agreed between the parties.

 

67.  Relieving Duty

 

(i)         General

 

The following provisions shall apply to Commissioned Officers who are required to perform relieving duty in positions normally occupied by officers of a higher rank.

 

(ii)        Exceptions

 

(a)        This clause does not apply to relieving duty performed in New South Wales Police Senior Executive Service positions. In such cases the provisions shall be those approved from time to time by the Commissioner.

 

(b)        No allowance shall be payable under this clause for relieving duty performed by a Commissioned Officer in a position normally occupied by a Commissioned Officer of the same rank or grade.

 

(iii)       Amount Payable

 

(a)        Any Commissioned Officer who, during a period of relieving duty in another position, satisfactorily performs the whole of the duties and assumes the whole of the responsibilities of that position, shall be paid an allowance equal to the difference between the Commissioned Officer’s own salary and the salary (Level 1) normally payable to the rank of the position in which relief was performed. Provided further that from the first full pay period commencing on or after 1 July 2006 any Commissioned Officer, during a period of relieving duty in another position, satisfactorily performs the whole of the duties and assumes the whole of the responsibilities of that position, shall be paid an allowance equal to the difference between the Commissioned Officer’s own salary and the salary (1st Year) normally payable to the rank of the position in which relief was performed.

 

(b)        Where a Commissioned Officer does not assume the whole of the duties and responsibilities of the position the amount of any allowance paid shall be determined as a percentage of the full allowance prescribed in paragraph (a) above. The percentage of the allowance payable shall be that determined by the approving officer and shall be "rounded up" to the nearest 10%.

 

(iv)       Limitations on Eligibility

 

(a)        No allowance is payable where less than 5 consecutive working days relieving duty is performed.

 

(b)        Where absences of 5 days or less occur during a period of relieving duty, the allowance is to be paid for those periods of absence. However, if the period of relieving duty is only 5 days, during which there is a period of absence then the allowance is not payable.

 

(c)        Except as provided in subclause (v) below no allowance shall be paid in respect of any period of leave exceeding five complete and consecutive days taken by a Commissioned Officer during any period relieving duty in another position.

 

 

 

 

 

 

(v)        Extended Periods of Relief

 

A Commissioned Officer who has performed relieving duty for one year or more in the same position and who, due to extraordinary circumstances, continues to perform such duty shall be eligible for payment of the allowance for any annual, extended sick, FACS, or special leave which is approved and taken during the further period of relief.

 

68.  Travelling Time

 

In recognition of the all incidences nature of the total salary paid to Commissioned Officers with effect from the beginning of the first full pay period to commence on or after 10 March 1995 the provisions of Clause 11 of the Commissioned Police Officers Agreement, No 2395 of 1983 shall no longer apply.

 

Division 6 - Disputes/Grievance Settlement Procedure

 

69.  Disputes/Grievance Settlement Procedure

 

(i)         The object of these procedures is to avoid disputes/grievances in the first instance and to facilitate the resolution of grievances of individuals and disputes between New South Wales Police and its employees which do occur by conciliation without delay. They are designed to resolve grievances and disputes at the level as close as possible to the source. The procedures have been developed to promote full and open consultation at each step of the process in an effort to promote and preserve harmonious industrial relations. The parties agree that through each stage the relevant facts are to be clearly identified and documented and that the procedures are followed promptly.

 

(ii)        Safety Issues - Procedures

 

In cases where a safety issue is involved, the Association shall immediately notify the Region Human Resources Manager who shall advise the Industrial Relations Branch.

 

(iii)       If the matter is not resolved the Region Human Resources Manager shall refer the question immediately to the Industrial Relations Branch and endeavour to conciliate the matter without delay.

 

(iv)       Subject to this procedure being followed, the Association reserves the right to refer the matter to the appropriate industrial tribunal.

 

(v)        Procedures in Other Matters

 

Where a grievance/dispute arises in a particular work location, the employee(s) will notify (in writing or otherwise) the immediate supervisor or other appropriate person as to the substance of the grievance/dispute, request a bilateral meeting to discuss it and state the remedy sought. A meeting should be held, with or without the involvement of Association officials, within 48 hours (exclusive of weekends) of the notification.

 

(vi)       Failing resolution of the grievance/dispute further discussions shall be held between the Branch or other Association official and the appropriate Local Area or other Commander/Manager who shall inform the office of the Region Human Resource Manager (or equivalent) of the dispute. This should take place within 48 hours (exclusive of weekends) of the completion of (v) above.

 

(vii)      If the grievance/dispute is not resolved at that level, Association representatives shall refer the matter to the Industrial Division of the Association. The Region Human Resources Manager (or equivalent) shall refer the matter to the Industrial Relations Branch. The matter shall then be discussed between officers of the Association and the Industrial Relations Branch. These actions will take place as soon as it is apparent that the earlier discussions will not resolve the dispute/grievance.

 

(viii)     If a grievance has not been resolved at the conclusion of this stage of discussions, the employer must provide a written response to the grievance, including reasons for not implementing the proposed remedy.

 

(ix)       If a dispute remains unresolved the Industrial Relations Branch will assume responsibility for liaising with the member(s) of the Senior Executive Service of New South Wales Police and advise of the final position of the Commissioner of Police as to the issue in dispute.

 

(x)        Neither party will initiate proceedings under Chapter 3 of the Industrial Relations Act 1996 until procedures under these clauses have failed to resolve the issue and each constituent of the other party has been given three clear days notice (exclusive of weekends) of that intent. Observance of this period of notice shall not prejudice the position of any party to the dispute.

 

(xi)       General

 

Whilst the dispute resolution procedures are continuing normal work and the conditions under which work is performed, prior to notification of the dispute or grievance, shall continue unless otherwise agreed between the parties. Provided further that in the case of a dispute or grievance involving occupational health and safety, normal work and the conditions under which work is performed shall continue in a manner which avoids any risk to the health and safety of any officer, any other employee of New South Wales Police or any member of the public

 

Division 7 - Leave Reserved

 

70.  Leave Reserved

 

Leave is reserved for the Association to apply, but not before 1 July 2006, to vary the formula for calculation of shift allowances  as provided for in  subclause (ii) of clause 43, Shift Allowance.

 

Division 8 - Area, Incidence and Duration

 

71.  Area, Incidence and Duration

 

(i)         This Award applies to all officers defined herein.

 

(ii)        It shall take effect on 1 July 2005 with the exception of the rates of pay and allowances prescribed under Part B, Monetary Rates, which shall take effect from the dates specified in that Part, and shall remain in force until 30 June 2008.

 

(iii)       This Award rescinds and replaces the Crown Employees (Police Officers - 2003) Award published 25 July 2003 (340 IG 582).as varied (See Schedule).

 

(iv)       Except where inconsistent with this Award the provisions of any other existing Agreement or Determination will continue to apply.

 

 

 

 

 

 

 

 

 

 

 

 

 

PART B

 

MONETARY RATES

 

Table 1 - Non-Commissioned Officers’ (Other than Detectives ) Salaries

 

From the beginning of the first full pay period to commence on or after 1 July 2005 - 4%.

 

 

From the beginning of the first full pay period to commence on or after 1 July 2006 - 2%

 

 

From the beginning of the first full pay period to commence on or after 1 January 2007 - 2%

 

 

From the beginning of the first full pay period to commence on or after 1 July 2007 - 2%

 

 

 

 

 

 

 

 

 

From the beginning of the first full pay period to commence on or after 1 January 2008 - 2%

 

 

Table 2 - Detectives Salaries

 

From the beginning of the first full pay period to commence on or after 1 July 2006 - 2%

 

 

From the beginning of the first full pay period to commence on or after 1 January 2007 - 2%

 

From the beginning of the first full pay period to commence on or after 1 July 2007 - 2%