Crown
Employees (Police Officers - 2005) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Police
Association of New South Wales, Industrial Organisation of Employees.
(No. IRC 2010 of 2007)
Before The Honourable
Justice Boland
|
20 November 2007
|
VARIATION
1. Delete clause
8, Salary Sacrifice to Superannuation and other Employee Benefits, of the award
published 7 October 2005 (354 I.G. 175) and insert in lieu thereof the
following:
8. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
(i) For the
purpose of this clause, "salary" means:
(a) the
"Loaded Salaries" prescribed by Table 1 - Non-Commissioned Officers
(other than Detectives) Salaries of Part B, Monetary Rates
(b) the "Loaded
Salaries" prescribed by Table 2 - Detectives Salaries of Part B, Monetary
Rates; or
(c) the salaries
prescribed by Table 3 - Commissioned Officers Salaries of Part B, Monetary
Rates.
(ii) By mutual
agreement with the Commissioner, an officer may elect to package part or all of
their salary in order to obtain:
(a) a benefit or
benefits selected from those approved from time to time by the Commissioner;
and
(b) a salary equal
to the difference between the salary prescribed for the officer by subclause (i),
and the amount specified by the Commissioner from time to time for the benefit
provided to or in respect of the officer in accordance with such agreement.
(iii) The amount
packaged, including any salary sacrifice to superannuation arrangement under subclause
(x) to (xiv), may be up to one hundred (100) percent of the officer's salary.
(a) Any pre tax
and post tax payroll deductions must be taken into account prior to determining
the amount of salary available to be packaged.
Such payroll deduction may include, but not limited to, compulsory
superannuation payment, HECS payments, child support payments, unions fees and
health fund premiums.
(iv) An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate
(v) The agreement
shall be known as a Salary Packaging Agreement
(vi) Except in
accordance with subclause (x) to (xiv), a Salary Packaging Agreement shall be
recorded in writing and shall be for a period of time as mutually agreed between
the officer and the Commissioner at the time of signing the Salary Packaging
Agreement.
(vii) Where the
officer has elected to package a part or all of their salary:
(a) subject to
Australian Taxation Law, the amount of salary packaged will reduced the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
(b) any
allowances, penalty rate, payment for unused leave entitlements, weekly
worker's compensation or other payment, other than any payment for leave taken
in service, to which an officer is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
officer's salary shall be calculated by reference to the salary which would
have applied to the officer in the absence of any Salary Packaging Agreement
made under this Award.
(viii) The
Commissioner may vary the range and type of benefits available from time to
time following discussions with the Association. Such variations shall apply to any existing or future Salary
Packaging Agreements from date of such variation.
(ix) The
Commissioner will determine from time to time the value of the benefits
provided following discussion with the Association. Such variations shall apply to any existing or future Salary Packaging
Agreement from the date of such variation.
In this circumstances, the officer may elect to terminate the Salary
Packaging Agreement immediately
(x) An officer may
elect to sacrifice a part or all of their salary additional to employer
superannuation contributions.
(xi) Where the
officer makes an election in terms of subclause (x), the officer may elect to
have the amount of salary sacrificed:
(a) paid into the
superannuation scheme established under the First State Superannuation Act
1992 as an optional employer contribution; or
(b) subject to the
Commissioner's agreement, paid into another complying superannuation scheme as
employer superannuation contributions.
(xii) Where an
officer makes an election in terms of clause (x), the Commissioner shall pay
the amount of salary, the subject of election to the relevant superannuation
fund.
(xiii) Where an
officer makes an election in terms of subclause (x) and where the officer is a
member of a superannuation established under the:
(a) Police
Regulation (Superannuation) Act 1906;
(b) Superannuation
Act 1916;
(c) State
Authorities Superannuation Act 1987;
(d) State
Authorities Non-Contributory Superannuation Act 1987; or
(e) First State
Superannuation Act First 1992
The Commissioner must ensure that the amount of any
additional employer superannuation contributions specified in subclause (x) of
this clause is included in the officer's superable salary which is notified to
the SAS Trustee Corporations.
(xiv) Where an
officer makes an election in terms of subclause (x), and where, prior to
electing to sacrifice a part or all of their salary to superannuation, an
officer has entered into an agreement with the Commissioner to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause (xiii) of this clause, the
Commissioner will continue to base contributions to that fund on the salary
payable to the same extent as applied before the officer sacrificed that amount
of salary to superannuation. This
clause applies even though the superannuation contributions made by the
Commissioner may be in excess of superannuation guarantee requirements after
the salary sacrifice is implemented.
2. Delete
subclause (ii) of clause 38, Detectives Salary Structure and Transition and
insert in lieu thereof the following:
(ii) Detectives
who are classified as: Constable 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, Senior Constable with more than 1 years
service on Level 6, Leading Senior Constable Level 1 Step 2, Sergeant Level 2
Step 2, Sergeant Level 2 Step 3, Sergeant Level 2 Step 4, Sergeant with more than
1 years service on Level 3; as at the date of the transitions, 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.
3. Delete Table
4 - Travelling Allowances, Table 5 - Remote Areas - Living Allowance and Table
10 - Meal Allowances of Part B, Monetary Rates and insert
in lieu thereof the following:
Table 4 -
Travelling Allowances
Item 1
Capital Cities
|
$ Per Day
|
Adelaide
|
242.25
|
Brisbane
|
253.25
|
Canberra
|
211.25
|
Darwin
|
238.25
|
Hobart
|
201.25
|
Melbourne
|
247.25
|
Perth
|
233.25
|
Sydney
|
280.25
|
High Cost Country
Centres
|
|
Alice Springs (NT)
|
195.25
|
Ballarat (Vic)
|
199.25
|
Bendigo (VIC)
|
204.75
|
Broome (WA)
|
250.25
|
Bunbury (WA)
|
194.25
|
Burnie (Tas)
|
210.75
|
Canarvon (WA)
|
206.75
|
Christmas Island
|
217.25
|
Cocos (Keeling)Islands
|
197.25
|
Dampier (WA)
|
247.25
|
Derby (WA)
|
236.25
|
Devonport (Tas)
|
203.75
|
Emerald (QLD)
|
193.75
|
Exmouth (WA)
|
224.75
|
Geraldton (WA)
|
194.25
|
Gold Coast (Qld)
|
215.25
|
Halls Creek (WA)
|
222.25
|
Horn Island
|
216.25
|
Jabiru (NT)
|
287.25
|
Kadina (SA)
|
194.25
|
Kalgoorlie (WA)
|
199.75
|
Karratha (WA)
|
286.25
|
Kununurra (WA)
|
244.25
|
Launceston (TAS)
|
198.25
|
Mackay (QLD)
|
197.25
|
Maitland (NSW)
|
195.75
|
Mount Gambier (SA)
|
194.25
|
Mount Isa (QLD)
|
207.25
|
Naracoorte (SA)
|
193.25
|
Newcastle (NSW)
|
202.25
|
Newman (WA)
|
233.25
|
Norfolk Island
|
195.25
|
Port Headland (WA)
|
276.75
|
Port Lincoln (SA)
|
193.25
|
Port Macquarie (NSW)
|
200.25
|
Portland (VIC)
|
198.25
|
Thursday Island
|
262.25
|
Wagga Wagga (NSW)
|
197.75
|
Warnambool (VIC)
|
196.75
|
Weipa (Qld)
|
222.25
|
Whyalla (SA)
|
194.25
|
Wollongong (NSW)
|
195.75
|
Wonthaggi (VIC)
|
208.25
|
Yulara (NT)
|
410.25
|
Tier 2 Country
Centres
|
|
Albany (WA)
|
180.75
|
Bairnsdale (VIC)
|
180.75
|
Bathurst (NSW)
|
180.75
|
Bordertown (SA)
|
180.75
|
Bright (VIC)
|
180.75
|
Broken Hill (NSW)
|
180.75
|
Cairns (Qld)
|
180.75
|
Ceduna (SA)
|
180.75
|
Dalby (QLD)
|
180.75
|
Dubbo (NSW)
|
180.75
|
Echuca (VIC)
|
180.75
|
Esperance (WA)
|
180.75
|
Gladstone (QLD)
|
180.75
|
Horsham (VIC)
|
180.75
|
Innisfail (QLD)
|
180.75
|
Orange (NSW)
|
180.75
|
Port Augusta (SA)
|
180.75
|
Renmark (SA)
|
180.75
|
Roma (QLD)
|
180.75
|
Seymour (VIC)
|
180.75
|
Other country centres
|
170.75
|
Item 2
|
$
|
Incidental expenses allowance when claiming actual
expenses - all locations
|
15.45
|
Item 3
Meal allowances -
when claiming actual expenses on overnight stays
|
$
|
Capital cities and high
cost country centres
|
|
Breakfast
|
20.20
|
Lunch
|
22.65
|
Dinner
|
38.95
|
Tier 2 and other
country centres
|
|
Breakfast
|
18.05
|
Lunch
|
20.65
|
Dinner
|
35.60
|
Table 5 - Remote
Areas - Living Allowance
Item 1
With Dependents
|
Per Annum
|
|
$
|
Grade A
|
1597
|
Grade B
|
2118
|
Grade C
|
2829
|
Item 2
Without Dependents
|
Per Annum
|
|
$
|
Grade A
|
1114
|
Grade B
|
1485
|
Grade C
|
1982
|
Table 10 - Meal
Allowances (Non-Commissioned Officers)
Where Non-Commissioned Officers incur expense in purchasing
a meal:
(i) when they
have worked more than one half hour beyond the completion of a rostered shift
or
(ii) where they
have performed duty at a place where no reasonable meal facilities were
available for partaking of a meal or
(iii) where they
are performing escort duty and cannot carry a meal.
|
$
|
Breakfast
|
22.60
|
Lunch
|
22.60
|
Dinner
|
22.60
|
Supper
|
8.70
|
4. This
variation shall take effect on and from 1 July 2007.
R.
P. BOLAND J
____________________
Printed by
the authority of the Industrial Registrar.