CROWN EMPLOYEES (POLICE SERVICE OF NEW SOUTH WALES (NURSES)) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 982 of 2001)
|
Before Mr Deputy President Grayson
|
18 May 2001
|
REVIEWED AWARD
PART A
1. Arrangement
|
Clause No.
|
Subject Matter
|
|
1
|
Arrangement
|
|
2
|
No Further Claims
|
|
3
|
Definitions
|
|
4
|
Rates of Pay
|
|
5
|
Wages Sacrifice to Superannuation
|
|
6
|
Transitional Arrangements
|
|
7
|
Hours of Work
|
|
8
|
Overtime
|
|
9
|
Travelling Time
|
|
10
|
Leave in lieu of overtime
|
|
11
|
Part-Time Employment
|
|
12
|
Casual Employment
|
|
13
|
Public Holidays
|
|
14
|
Annual Leave
|
|
15
|
Leave Generally
|
|
16
|
Introduction of New Technology
|
|
17
|
Productivity Measures
|
|
18
|
Clothing Allowance
|
|
19
|
Disputes/Grievance
Settlement Procedures
|
|
20
|
Anti-Discrimination
|
|
21
|
Other Conditions of Employment
|
|
22
|
Area, Incidence and Duration
|
PART B
Table 1 ¾
Salaries
Table 2 ¾
Allowances
2. No Further Claims
The Association undertakes not to pursue any new salaries or
conditions claims arising from negotiation of productivity and efficiency
improvements covered by the Memorandum of Understanding between the NSW
Government and the Association dated 2 March 2000.
3. Definitions
"Officer" means and includes all persons employed
by the Police Service of New South Wales who as of 2 June 1998 were occupying a
position of nurse or who after that date were appointed to such a position.
"Clinical Nurse Consultant" means a registered
nurse appointed as such to a position approved by the Commissioner of Police
and who has had at least 5 years post-basic registration experience and who
has, in addition, approved post-basic nursing qualifications relevant to the
field in which they are appointed, or such other qualifications or experience
deemed appropriate by the Commissioner.
"Clinical Nurse Specialist" means: a registered
nurse with specific post-basic qualifications and twelve months experience
working in the clinical area of the nurse’s specified post-basic qualification;
or
A minimum of four years post-basic registration experience,
including three years experience in the relevant specialist field.
"Commissioner" means the Commissioner of Police in
New South Wales or any person acting in such position from time to time.
"Police Service" means the Police Service of New
South Wales.
"Nurse" when used in the appropriate context may
refer to all classifications of nurses and includes registered nurse, Clinical
Nurse Consultant and Clinical Nurse Specialist.
"Association" means the New South Wales Nurses’
Association.
"Service" for the purpose of salaries as set out
in Table 1 - Salaries, of Part B, Monetary Rates, means service before or after
the commencement of this award in New South Wales or elsewhere as a registered
nurse.
Service deemed to be registered nurse service shall be as
set out in Clause 3 Definitions in the Public Hospital Nurses' (State) Award
published 5 September 1997 (300 IG. 1033), as varied.
"Team Leader" shall mean a registered nurse
appointed as such for a nominated period as specified by the employer. Only one
registered nurse shall be so appointed at any one location at any one time.
Team leaders shall carry out such supervisory and resource management duties as
are reasonably required and shall receive an allowance as set out in Item 1 of
Table 2 - Allowances, of Part B.
4. Rates of Pay
The rates of pay contained in Table 1 - Salaries, of Part B,
Monetary Rates, shall take effect from the beginning of the first full pay
period to commence on or after 2 June 1998 or the date of employment as a
nurse, whichever is the later.
5. Wages Sacrifice to
Superannuation
5.1 Notwithstanding
the salaries prescribed in Clause 4, Rates of Pay, of this award, an employee
may elect, subject to the agreement of the Police Service, to sacrifice a
portion of the wage payable under clause 4 to additional employer
superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed must not exceed thirty (30) percent of the wage payable under clause
4 or thirty (30) percent of the current applicable superannuable wage,
whichever is the lesser. In this clause ?superannuable wage? means the
employees wage as notified from time to time to the New South Wales public
sector superannuation trustee corporations.
5.2 Where the
employee has elected to sacrifice a portion of that payable wage to additional
employer superannuation contribution:
(a) the employee
shall be provided with a copy of the signed agreement. The Wage Packaging
Agreement may be terminated at any time at the employee’s election. The Wage
Packaging Agreement ceases on termination of the employee’s services with the
Police Service;
(b) subject to Australian
Taxation law, the sacrificed portion of wage will reduce the wage subject to
appropriate PAYE 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 payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or Stature which is expressed to be determined by reference to an
employee’s wage, shall be calculated by reference to the wage which would have
applied to the employee under clause 4 of this Award in the absence of any wage
sacrifice to superannuation made under this Award.
5.3 The employee
may elect to have the portion of payable wage 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.
(b) subject to the
Police Service’s agreement, paid into a private sector complying superannuation
scheme as employer superannuation contributions.
5.4 Where an
employee elects to wage sacrifice in the terms set out in 5.3 above, the Police
Service will pay or will arrange to have paid the sacrificed amount into the
relevant superannuation fund.
5.5 Where the
employee 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
the Police Service must ensure that the amount of any
additional employer superannuation contributions specified in subclause 5.1
above is included in the employee’s superannuable wage which is notified to the
New South Wales public sector superannuation trustee corporations.
5.6 Where, prior
to electing to sacrifice a portion of his/her wage to superannuation, an
employee had entered into an agreement with the Police Service to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause 5.5 above, the Police Service
will continue to base contributions to that fund on the wage payable under
clause 4 to the same extent as applied before the employee sacrificed a portion
of that wage to superannuation. This clause applies even though the
superannuation contributions made by the Police Service may be in excess of
superannuation guarantee requirements after the wage sacrifice is implemented.
6. Transitional
Arrangements
6.1 For the
purposes of this clause "transitional date" means 2 June 1998.
6.2 The year of
service for the purpose of the incremental scale for a registered nurse
employed at the transitional date shall be determined by locating the
registered nurse's current year of service on the incremental scale in Column A
of the Transitional Table in subclause 5.4 of this clause. The registered
nurse's incremental year of service shall be deemed to be the year of service
appearing opposite in Column B of the Transitional Table.
Provided that a registered nurse's incremental year of
service shall be deemed to be the year of service appearing opposite in Column
B of the Transitional Table. Provided that a registered nurse with eight or
more actual years of service shall be placed on the eighth year of service in
Column B of the Transitional Table.
6.3 Registered
nurses who commence employment with an employer after the transitional date
shall have their year of service determined as if they were employed by the
employer at the transitional date. That is, the transitional arrangements shall
apply to all periods of employment under this award or the Public Hospital
Nurses’ (State) Award, which commence on or after the transitional date.
6.4 Transitional
Table:
Column A Column
B
(Old incremental scale) (New
incremental scale)
Year of Service Year
of Service
1 1
2 1
3 2
4 3
5 4
6 5
7 6
8 7
UG1 8
Note: For the purpose of the old incremental scale only, a
registered nurse who has obtained an appropriate degree in Nursing or Applied
Science (Nursing) or Health Studies (Nursing) (referred to for the purpose of
this clause as a "UG1" qualification) shall enter the incremental
scale on the second year of service.
6.5 The year of
service determined by this clause shall be the year of service only for the
purpose of salaries. In particular, this clause shall not affect the definition
of service for the purposes of annual leave, sick leave or extended leave.
6.6 A registered
nurse's anniversary date for the purpose of moving to the next year of service
is not affected by this clause.
7. Hours of Work
7.1 The ordinary
hours of work shall be as follows:
(a) For nurses
employed after 1 July 1996 the ordinary hours shall be 152 hours per 28 days to
be worked on a maximum of 19 days in any such period.
(b) For nurses
employed as at 1 July 1996 the ordinary hours shall, by historical concession
of the employer, continue to be 140 hours per 28 days.
7.2 Ordinary hours
shall be worked between the hours of 8.00 am and 6.30 pm, Monday to Sunday
inclusive, and shall not exceed 10 hours on any one shift.
7.3 Except by
mutual agreement an employee shall not work more than 7 consecutive shifts, and
days off shall consist of two or more consecutive days.
7.4 Employees
required to work on a Saturday or Sunday shall be paid the following
percentages in addition to the ordinary rate for such shift:
Saturday 50%
Sunday 75%
7.5 Ordinary hours
rostered on a Saturday or Sunday shall be for a minimum shift length of 6
hours.
7.6 A nurse
attending a country police centre may, due to the police rostering
arrangements, be required to commence ordinary hours of work at a time before
8.00am but not before 6.00am, provided that the nurse does not have to travel
to the centre on that day before commencing duty.
7.7 A nurse shall
not be required to work for more than 5 hours without a meal break of not less
than 30 minutes and not more than 60 minutes. Any time approved to be worked
during such break shall count as working time and, unless the employee is
permitted to finish duty early on the same shift, then such time shall be paid
for at overtime rates.
7.8 Where a nurse
is required to remain on call for duty during a meal break, the nurse shall be
paid an allowance as set out in Item 2 of Table 2 - Allowances, of Part B,
Monetary Rates.
8. Overtime
Except as provided for in Clause 8.2 of this clause:
8.1 All time
approved to be worked in excess of the rostered daily hours of work shall be
overtime and be paid for at time and a half for the first two hours and double
time thereafter. Provided that overtime worked on Sundays shall be paid for at
the rate of double time and on a public holiday at the rate of double time and
a half. Each shift shall stand alone.
8.2 For officers
whose ordinary hours of work are prescribed by paragraph (b) of subclause 7.1
of Clause 7, Hours of Work, overtime does not become payable until the officer
works in excess of 152 hours in any 28 day roster period.
Notwithstanding that, such officers shall normally be
rostered on the basis of an average of 35 hours per week (140 hours each 28-day
roster period), and shall only be required to work in excess of those hours in
situations of an emergent nature or otherwise unavoidable circumstances.
9. Travelling Time
The parties agree that any travelling or waiting time
properly and necessarily incurred by officers in the performance of their duty,
in accordance with the provisions of the Crown Employees (Public Service
Conditions of Employment) Award 1997 published 24 April 1998 (304 I.G. 570),
shall be compensated by time off in lieu.
Travelling time and waiting time shall not accrue to
officers employed in accordance with paragraph (b) of subclause 7.1 of Clause
7, Hours of Work, until the officer has worked, travelled or waited (in
accordance with the provisions of Clause 25, Excess Travelling Time, and Clause
26, Waiting Time, of the Crown Employees (Public Service Conditions of
Employment) Award 1997, in excess of 152 hours in any 28-day roster period.
10. Leave in Lieu of
Overtime
An officer who, with the approval of the Service, works
overtime may elect to take leave in lieu of payment for all or part of the
entitlement in respect of the time so worked. Such leave in lieu shall accrue
at the rates specified for overtime.
Provided that:
(a) Where the
officer elects to receive leave in lieu of payment such leave in lieu shall be
taken at a time mutually agreed between the officer and the Service.
(b) Such leave in
lieu shall be taken in multiples of a quarter day only.
(c) Subject to the
convenience of the Service, leave in lieu shall be taken within 3 months of the
date of accrual, except in the case of leave in lieu in respect of work
performed on a public holiday, in which case an officer may elect to have such
leave in lieu added to annual leave.
(d) An officer
shall be entitled to payment for the balance of any overtime entitlement not taken
as leave in lieu.
11. Part-time
Employment
11.1 A part-time
officer is one who is engaged to work a specified number of hours which are
less than those prescribed for a full-time officer.
11.2 A part-time
officer shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed in Table 1 - Salaries, of Part
B, Monetary Rates, and one thirty-eighth of the amount as set out in Item 3 of
Table 2 - Allowances, of the said Part B.
11.3 Annual leave
and sick leave entitlements shall be calculated on a pro-rata basis of the
average weekly ordinary hours worked over the 12 months qualifying period.
11.4 Overtime shall
apply only to hours approved to be worked in excess of the ordinary full-time
hours for full-time officers in that section on any one day and to all hours
approved to be worked in excess of 38 hours in any one week.
11.5 Officers
engaged under this clause shall be entitled to all other benefits of this award
in the same proportion as their ordinary hours of work bear to full-time hours.
12. Casual
Employment
12.1 The parties
agree that officers may be employed on a casual basis to suit the needs of the
Service.
12.2 The hourly rate
for a casual officer shall be calculated on the following basis:
appropriate weekly rate + 10%
38
12.3 A casual
officer shall in addition be paid a loading of 1/12th for all ordinary hours
worked in lieu of annual leave.
12.4 A minimum
payment of 3 hours shall be made for each engagement.
12.5 A casual
officer shall be paid for all hours worked and consistent with the provisions
of subclause 12.3 of this clause, shall not accrue an entitlement to annual
leave.
12.6 Casual officers
shall be entitled to pro rata payment, based on the hours worked, of the
clothing allowance as set out in Item 3 of Table 2 - Allowances, of Part B,
Monetary Rates.
13. Public Holidays
Public holidays shall be allowed to full-time officers on
full pay and to part-time officers on full pay (i.e., their normal rate of pay
for each day) if normally rostered on duty on such day. An employee who is
required to and does work ordinary hours on a public holiday shall be paid for
the time actually worked at the rate of time and one-half in addition to the
officer’s ordinary salary rate.
Such payment shall be in lieu of any additional rate for
shift work or weekend work which would otherwise be payable had the day not
been a public holiday.
14. Annual Leave
14.1 Officers shall
be entitled to four weeks annual leave on full pay at the completion of each 12
months service.
14.2 In addition to
the leave prescribed in subclause 14.1 of this clause, officers who work their
ordinary hours on Sundays and/or public holidays are entitled to receive
additional annual leave as follows:
Number of ordinary
shifts worked on Sundays
and/or Public holidays
during
the qualifying period of
employment for annual leave Additional
purposes Annual
Leave
4 to 10 1
day
11 to 17 2
days
18 to 24 3
days
25 to 31 4
days
32 or more 5
days
Provided that an officer may elect to be paid when
proceeding on annual leave an amount equivalent to the value of the officer’s
additional leave entitlement in lieu of taking the additional annual leave.
Such election is to be made in writing by the officer at the commencement of
each leave year and is irrevocable during the currency of that year of
employment.
14.3 As a general
principle, annual leave will be applied for in advance and be taken in periods
of a full week only. Whilst this general principle will apply, officers may in
emergency circumstances apply in advance for leave of a lesser period than a
week. Such applications may be approved at the discretion of the officer in
charge.
14.4 Consistent with
the Personnel Handbook of the NSW Public Service, the parties agree that a
block of two weeks recreation leave shall be taken each year unless
insufficient paid leave is available.
14.5 Where in
emergency circumstances, officers are granted leave for a period of less than 1
week, 95 per cent of the actual rostered hours shall be deducted from the
annual leave entitlement for each working day absent, for officers working an
average of 38 hours per week over a roster period, and 7 hours for officers
working 35 hours per week average over a roster period. Officers shall be
credited with 100 per cent of the rostered working hours for each day of leave
taken under this subclause.
15. Leave Generally
15.1 Any form of
leave, with the exception of annual leave taken in accordance with subclause
14.5 of clause 14, Annual Leave, taken for a full day on any day which would
otherwise be a day upon which work was directed shall be counted as 1/5 of the
appropriate weekly hours for the purpose of accruing hours towards the 152
hours or 140 hours of ordinary working time in any 28-day roster period
prescribed within subclause 7.1 of clause 7, Overtime. Any short-fall in hours
worked caused by the application of this subclause shall be made up at a
mutually convenient time in either the current or the next roster period.
15.2 Days on which
public holidays fall which would otherwise be a directed day of work shall be
counted as 1/5 of the appropriate weekly hours prescribed within subclause 7.1
of clause 7, Hours of Work.
15.3 Where this
award is silent, the provisions of the Crown Employees (Conditions of
Employment) Award 1997 will apply.
16. Introduction of
New Technology
The parties agree to co-operate fully in the implementation
and/or trialing of new technology which may become available to facilitate the
work of officers.
17. Productivity
Measures
17.1 Nursing staff
will review nursing documentation to ensure that the documentation meets
current Service needs and that documentation is maintained at a satisfactory
level.
17.2 Nursing staff
will review nursing protocols to ensure that they are in line with current
nursing practice and appropriate to the needs of the Service.
17.3 Nursing staff
will review purchasing procedures in conjunction with the Department Head to
ensure a minimal degree of wastage.
18. Clothing
Allowance
Officers shall no longer be required to wear a uniform. In
lieu of a uniform allowance, officers shall receive a clothing allowance per
week as set out in Item 3 of Table 2 - Allowances, of Part B, Monetary Rates.
19.
Disputes/Grievance Settlement Procedure
The whole concept of a dispute settlement procedure is to
resolve disputation at the level as close as possible to the source of
disputation.
This procedure has been adopted to promote full and open
consultation at each step of the process in an effort to promote and preserve
harmonious industrial relations.
Throughout each stage parties involved should ensure that
the relevant facts are clearly identified and documented. Parties should also
be committed to following the procedure with as much timeliness as possible.
The resolution of or settlement of disputes and/or
individual grievances of officers arising throughout the life of this award
shall be dealt with in the manner prescribed hereunder:
19.1 Where a
dispute/grievance arises at a particular work location discussions, including
the remedy sought, shall be held as soon as possible, and in any event within
two working days of such notification, between the officer concerned and the
immediate supervising officer, or other appropriate officer in the case of a
grievance.
19.2 Failing
resolution of the issue, further discussions shall take place as soon as
possible, and in any event within two working days of such failure, between the
individual employee(s) and at their request the local Nurses’ Association
delegate or workplace representative and the supervising officer.
19.3 If the dispute
is not resolved at that stage the matter is to be referred to the Industrial
Relations Directorate of the Police Service, who will assume responsibility for
liaising with Senior Executive Members of the Service and the New South Wales
Nurses’ Association and advise of the final position of the Commissioner of
Police, including reasons for not implementing the remedy sought.
19.4 The matter will
only be referred to the Industrial Relations Commission if:
(a) The final
decision of the Commissioner of Police does not resolve the dispute/grievance;
or
(b) The final
position of the Commissioner of Police is not given within five working days
from the date of referral of the matter to the Industrial Relations
Directorate, or other agreed time frame.
19.5 At no stage
during a dispute that specifically relates to this Award may any stoppage of
work occur or any form of ban or limitation be imposed.
19.6 In cases where
a dispute is premised on an issue of safety, consultation between the New South
Wales Nurses’ Association and the Industrial Relations Directorate should be
expedited. The status quo shall remain until the matter is resolved.
20.
Anti-Discrimination
20.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity and age.
20.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its term or operation, has a direct
or indirect discriminatory effect.
20.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
20.4 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 under 21 years of age;
(c) any act or
practice of a body established to propogate religion which is exempted under
section 56(d) of the Anti-Discrimination
1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
20.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(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 affects...any other act or practice
of a body established to propogate religion that conforms to the doctrines of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
21. Other Conditions
of Employment
Where this award is silent, the provisions of the Crown
Employees (Public Service Conditions of Employment) Award 1997 published 24 April
1998 (304 I.G. 570) and the Personnel Handbook of the NSW Public Service, will
apply.
22. Area, Incidence
and Duration
This award shall apply to Nurses employed by the Police
Service of New South Wales, who are employed as at 2 June 1998 or who are
subsequently employed.
This award shall operate from the beginning of the first
full pay period to commence on or after 2 June 1998, and shall remain in force
for a period of 2 years thereafter.
The changes made to the award pursuant to the Award Review
pursuant to section 19 (6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Award
made by the Industrial Relations Commission of the New South Wales on 18
December 1998 (308 IG 307) take effect on and from 18 May 2001.
This award remains in force until varied or rescinded for
the period for which it was made.
PART B
MONETARY RATES
Table 1 - Salaries
|
Classification Structure and Wages -
|
|
For the life of this award an officer shall be paid per
week not less than the following Per week $
|
|
|
|
|
Clinical Nurse Consultant -
|
|
|
1st year of service and thereafter
|
1114.00
|
|
|
|
|
Clinical Nurse Specialist -
|
|
|
1st year of service and thereafter
|
906.10
|
|
|
|
|
Registered Nurse -
|
|
|
|
|
|
First year
|
619.90
|
|
Second year
|
653.70
|
|
Third year
|
687.40
|
|
Fourth year
|
723.50
|
|
Fifth year
|
759.30
|
|
Sixth year
|
795.20
|
|
Seventh year
|
836.10
|
|
Eighth year
|
870.50
|
Incremental Progression - The payment of an increment is
subject to the satisfactory conduct of, and the satisfactory performance of
duties by, the officer, as determined by the Commissioner of Police.
Table 2 ¾ Allowances
|
Item No.
|
Clause No.
|
Description
|
Amount $
|
|
1
|
3
|
Team Leader allowance
|
15.15 per shift
|
|
2
|
7.8
|
On call allowance during a meal break
|
7.63
|
|
3
|
18
|
Clothing allowance
|
6.84 per week
|
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.