(061)

SERIAL C0208

 

CROWN EMPLOYEES (POLICE OFFICERS - 2001) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notification under section 130 by the Commissioner of Police of a dispute with the Police Association of New South Wales re industrial action.

 

(No. IRC 6013 of 2000)

 

Before the Honourable Justice Wright, President

26 April 2001

 

AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Division 1 - General

 

Clause No Subject Matter

 

1. Arrangement

2. No Further Claims

3. Definitions

4. Anti-Discrimination

5. Inspection of Award

6. Existing Privileges

7. Salary Sacrifice to Superannuation

8. Top-up Supplementation of Workers’ Compensation

 

Division 2 - Non-Commissioned Officers

 

 9. Salaries

10. Loading

11. Special Duties Allowances

12. Operational Detectives Allowance

13. On Call Allowances

14. Hours of Duty

15. Annual Leave

16. Annual Leave Loading

17. Sick Leave

18. Competency Based Incremental Progression

19. Provision of Uniform

 

Division 3 - Commissioned Officers

 

20. Salaries

21. Fixed Term Appointment  

22. Non Renewal Benefit

23. Competency Based Incremental Progression

24. Relieving Duty

25. Annual Leave Loading

26. Travelling Time

Division 4 -             Disputes/Grievance Settlement Procedure

 

27. Disputes/Grievance Settlement Procedure

 

Division 5             Leave Reserved

 

28. Leave Reserved

 

Division 6 - Area, Incidence and Duration

 

29. Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Non-Commissioned Officers’ Salaries

Table 2 - Commissioned Officers’ Salaries

Table 3 - Special Duties Allowances - (Non-Commissioned Officers)

Table 4 - Operational Detectives Allowance - (Non-Commissioned Officers)

Table 5 - On Call Allowances - (Non-Commissioned Officers)

Table 6 - Stocking Allowance - (Non-Commissioned Officers)

Table 7 - Plain Clothes Allowances - (Non-Commissioned Officers)

 

Schedule 1 - Schedule of Awards referred to in clause 29

Schedule 2 - Schedule of Agreements referred to in clause 29

 

Division 1 - General

 

2.  No Further Claims

 

(i)         This Award provides for pay increases of 2% with effect from the beginning of the first full pay period to commence on or after 1 January 2001 for Non- Commissioned Officers and from the beginning of the first full pay period to commence on or after 1 March 2001 for Commissioned Officers, and a further 2% for all officers with effect from the beginning of the first full pay period to commence on or after 1 January 2002.  These increases are provided arising from the agreement of the parties as contained within the Memorandum of Understanding between the Commissioner of Police and the Police Association of New South Wales, entered into on 26 April 2001.

 

(ii)        The pay increases 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 (i) above.

 

3.  Definitions

 

(i)         "Officer" or  "Officers" means and includes all persons appointed pursuant to the Police Service Act 1990, to be a police officer member of the Police Service of New South Wales, 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 the Police Service 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 Service 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 Service 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)       "Police Service" means the Police Service of New South Wales.

 

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

 

(viii)     "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.

 

4.  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 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 under 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 affects 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."

 

5.  Inspection of Award

 

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

6.  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.

 

7.  Salary Sacrifice to Superannuation

 

(i)         With respect to Non-Commissioned Officers, "salary", for the purposes of this clause, means the sum of the salaries prescribed by Table 1 - Non-Commissioned Officers’ Salaries of Part B, Monetary Rates, and clause 10, "Loading".  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 the Police Service, to sacrifice a portion of their salary, as defined in subclause (i) above, 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 30 per cent of the salary payable, as defined, or 30 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:

 

(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 the Police Service;

 

(b)       subject to Australian Taxation Law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYE 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 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, the Police Service will pay or will arrange to have paid the sacrificed amount into the relevant superannuation fund.

 

(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,

 

the Police Service must ensure that the amount of any additional employer superannuation contributions specified 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, an officer 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 (vi) above, the Police Service 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.  This clause applies even though the superannuation contributions made by the Police Service may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

 

8.  Top-up Supplementation of Workers’ Compensation

 

(i)         This clause shall apply to officers who commenced employment with the NSW Police Service 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)        The Police Service 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 the Police Service.

 

Division 2 - Non-Commissioned Officers

 

9.  Salaries

 

Subject to the Police Service Act 1990, and Regulations and any requirements there under and to the provisions of clause 18, "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 salary of not less than the amounts prescribed in Table 1 - Non-Commissioned Officers’ Salaries of Part B, Monetary Rates.

 

10.  Loading

 

A Non-Commissioned Officer shall, in addition to the salary prescribed in clause 9, Salaries, 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, other incidents of employment not covered elsewhere in this Award, or in Agreement No 2396 of 1982 (P.S.B. 79/4437 Vol II) and including the Annual Leave Loading as described in clause 16.

 

11.  Special Duties Allowances

 

In addition to the rates prescribed for Non-Commissioned Officers by clause 9, Salaries and clause 10, Loading, a Non-Commissioned Officer who holds a position or possesses the qualifications set out hereunder shall, on the determination of the Commissioner, be paid the appropriate allowance prescribed in Table 3 - Special Duties Allowances (Non-Commissioned Officers) of Part B, Monetary Rates, provided that:

 

(i)         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)       Similarly, in respect to the Professional/Academic Qualifications Allowances, Non-Commissioned Officers shall only be entitled to the payment of one allowance, namely the highest, depending upon the qualification held;

 

(iii)       The Professional/Academic Qualifications Allowances shall only apply to Non- Commissioned Officers of and below the rank of Senior Constable.

 

(iv)       On and from the beginning of the first full pay period to commence on or after 1 January 2002 the Professional/Academic Qualifications 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 the Police Service 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 the Police Service meets the costs associated with the undertaking of the course or a series of courses, including accommodation costs; 

 

(c)        Non-Commissioned Officers properly and appropriately in receipt of a Professional/Academic Qualifications Allowance as at 3 January 2002 shall continue to receive the Allowance up until the time of achieving their first merit based promotion.

 

(v)        Gradings - Grade 1 -

 

Bandmembers

 

Police and Community Youth Club - Branch Controller

 

Property Office

 

Shorthand Writers

 

Grade 2 -

 

Highway Patrol

 

Communications Branch - Second Class Commercial Operators Certificate; or

 

Trades Certificate

 

Senior Operations Officer (Non Technical), Communications Branch

 

Criminal Records Office - Central Warrant Index, Modus Operandi and Conviction Records

 

Internal Affairs Branch

 

Trainee Prosecutors

 

Youth and School Liaison Officers

 

Traffic Laws Officer

 

Traffic Planning Section

 

Traffic Signals Section

 

Traffic Permits Section

 

Dog Squad

 

Grade 3 -

 

Criminal Correspondence Branch

 

Personnel Branch

 

Armoury

 

Breath Analysis Section

 

Launch Driver - Coxswain and Drivers Certificate or USL Coxswains Certificate

 

Communications Branch - First Class Operators Certificate of Proficiency or Broadcast Operators Certificate

 

Driver Training School Instructors

 

Academy Instructors

 

Relieving Prosecutors

 

Weapons Training Unit - Police Academy

 

Launch Maintenance Section

 

Grade 4 -

 

Diving Section

 

Scientific

 

Launch Driver - Harbour and Rivermasters Certificate OR USL Master Class V (Trading) Certificate

 

Communications Branch - Electronics and Communications Certificate and Sergeants in Charge, Operation and Technical Sections

 

Rescue Squad

 

Research Branch

 

Helicopter Observers

 

Tactical Response Group - full time

 

Grade 5 -

 

Prosecutors

 

Professional/Academic Qualification - Refer to Table 3 of Part B, Monetary rates.

 

 

 

 

12.  Operational Detectives Allowance

 

(i)         This clause shall operate from the beginning of the first full pay period to commence on or after 1 July 2001.

 

(ii)        For the purpose of this clause;

 

(a)       "Designated" shall mean designation as a detective under the provisions of clause 6(2) of the Police Service Regulation, 2000.

 

(b)       "Operational Criminal Investigation Duty" shall mean work that requires a Non-Commissioned Officer designated as a detective, and permanently appointed to such duty, or permanently appointed to such duty with a view to achieving such designation, to be actively engaged in the investigation of criminal matters as the major and substantial part of their duties, but shall not include the general management, oversight or supervision of criminal investigations.

 

(c)       "Permanently appointed" shall mean appointed on an indefinite basis, including a temporary transfer for a period of three months or more, or for any shorter period which then extends to a period of three months or more.

 

This definition shall exclude officers appointed as "A" List officers* until such time as they are permanently appointed to operational criminal investigation duty in an authorised Criminal Investigation position.

 

The definition shall also exclude those officers not otherwise described within this clause who have not been designated, and who have been permanently appointed to operational criminal investigation duty otherwise than by way of permanent appointment following an "A" list assessment process or similar, (e.g. the process in place in Crime Agencies*) until such time as they have been designated.

 

*In those commands where there is no usual "A" List process in place, (e.g. Crime Agencies), but undesignated officers are nonetheless permanently appointed to criminal investigation duty,  subject to demonstrated aptitude, with a view to ultimate designation, then a minimum period of 6 months from the date of such permanent appointment must elapse before any such permanently appointed but undesignated officer becomes entitled to be paid the "on permanent appointment" rate of the Operational Detectives Allowance as set out in Table 4 of Part B, Monetary Rates. 

 

(d)       "Months" shall mean calendar months.

 

(iii)       In addition to the rates of pay prescribed for Non-Commissioned Officers by clause 9, Salaries and the Loading prescribed by clause 10 a Non-Commissioned Officer designated as a detective and permanently appointed to operational criminal investigation duty (as defined) shall, on the approval of the Commissioner, be paid an Operational Detectives Allowance, as set out in Table 4 of Part B, Monetary Rates.  As a consequence, the payment of the Special Expense Allowance as specified in Rule 78 (3) of the Police Rules, 1977, will no longer apply from the date of operation of this clause, with the exception of the "grandfathering" process as agreed between the parties as prescribed within the Memorandum of Understanding between the Commissioner of Police and the Police Association of New South Wales, entered into on 26 April 2001.

 

(iv)       A Non-Commissioned Officer in receipt of the Operational Detectives Allowance shall be ineligible to receive any other allowance in the nature of a skills or special duties allowance in addition to the Operational Detectives Allowance.  In cases where a Non-Commissioned Officer is entitled to any other allowance, then such Non-Commissioned Officer will be entitled to receive the higher or highest allowance, as the case may be, provided they maintain any required eligibility criteria.

 

(v)        To maintain eligibility for the Operational Detectives Allowance a Non- Commissioned Officer shall be required to maintain any competency requirements associated with the performance of operational criminal investigation duty as determined by the Commissioner from time to time.

 

(vi)       The undesignated, "on permanent appointment" rate, as set out in Table 4 of Part B, Monetary Rates shall apply for a maximum total period of 4 years, under one or more periods of permanent appointment.

 

(vii)      A Non-Commissioned Officer in receipt of the Operational Detectives Allowance who is temporarily transferred or who proceeds on rotational duties for a period of up to 3 months, shall be entitled to retain their eligibility to the Allowance for that period, provided they are to return to their substantive position.

 

(viii)     A Non-Commissioned Officer in receipt of the Operational Detectives Allowance who is transferred to duties which substantially involves the teaching or training of officers as detectives, or the preparation of training manuals or investigations systems for use by operational detectives, shall be entitled to retain their allowance for the duration of that work.  Retention of the allowance under the provisions of this subclause shall be subject to no other allowance in the nature of skills or special duties being paid whilst the Non-Commissioned Officer is working in the new area and provided further that the Non-Commissioned Officer continues to maintain any competency requirements as prescribed by subclause (v).  In cases where any Non-Commissioned Officer may be entitled to any other skills or special duties allowance, then the Non-Commissioned Officer shall be entitled to receive the higher or highest of the allowances provided they continue to satisfy any required eligibility criteria.

 

13.  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 9, Salaries and clause 10, 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 5 of Part B, Monetary Rates.

 

(iii)       The payment of on call and vehicle care allowances prescribed in Table 5 - On Call Allowances (Non-Commissioned Officers) of Part B, Monetary Rates, 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.

 

14.  Hours of Duty

 

(i)         The ordinary hours of work 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 on the basis of 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 the agreed flexible rostering guidelines.

 

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

 

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

 

15.  Annual Leave

 

(i)         Subject to the Police Service Regulation, 2000 and the agreed flexible rostering guidelines, annual leave for Non-Commissioned Officers shall be given and taken on the basis of 30 working days.

 

(ii)        In considering applications for annual leave, the wishes of Non-Commissioned Officers will be taken into account and wherever convenient such leave will be granted.  Whilst annual leave will generally be taken in minimum periods of one week (5 working days), lesser periods can be taken by agreement.  Annual leave should be applied for in advance.

 

(iii)       One week’s leave shall, as a matter of course, be rostered in conjunction with a minimum of two rest days unless otherwise requested by a Non-Commissioned Officer and with the agreement of their Commander/Manager.

 

(iv)       Central and Western Division Leave shall be calculated on the basis of a maximum of five working days and be expressed as, and be given and taken on the basis of five working days.

 

(v)        Non-Commissioned Officers may accumulate up to a maximum of two years entitlement to annual leave (i.e. 60 working days), however each Non-Commissioned Officer must take as a minimum each year two weeks leave for recreation purposes, unless there is insufficient leave to credit.

 

16.  Annual Leave Loading

 

(i)         Annual Leave Loading as previously prescribed by Clause 17 of Agreement No 2396 of 1982 (P.S.B. 79/4437 Vol II) shall no longer apply to Non-Commissioned Officers on and from the date of operation of this Award.

 

(ii)        From the date of operation of this Award, Annual Leave Loading for Non-Commissioned Officers is comprehended in the Loading prescribed by clause 10 of this Award.

 

17.  Sick Leave

 

(i)         Subject to the provisions of Part 6, Division 8 of the Police Service Regulation, 2000 and the agreed flexible rostering guidelines, Non-Commissioned Police Officers shall be entitled to accrue sick leave at the rate of 15 days each calendar year, and any such accrued leave which is not taken is cumulative.

 

(ii)        Rest day entitlements during periods of Sick Leave - Rest days when sick shall not normally be debited against a Non-Commissioned Officer’s sick leave entitlement.  However, 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 recredited and have their sick leave debited accordingly.

 

18.  Competency Based Incremental Progression

 

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

 

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

 

(b)       certification in accordance with the procedures, as specified in this clause, of compliance with the requisite competencies or performance standards.

 

(ii)        Annually and prior to a Non-Commissioned Officer’s increment falling due, Commanders/Managers shall issue a certificate of competency compliance unless a Non-Commissioned Officer has failed an agreed remedial program or has otherwise had incremental progression deferred in accordance with the provisions of this Award.

 

A certificate shall be issued immediately upon successful conclusion of a subsequent remedial program or when the period of deferral is completed.

 

Non-Commissioned Officers, shall as soon as is practicable, be provided with written notification of any decision which may defer incremental progression.

 

Competency and performance assessment as well as remedial programs shall be conducted in Police Service time and at Police Service expense.

 

(iii)             Maintenance of current policing knowledge will be by way of a self managed Mandatory Continuing Police Education (MCPE) points system covering such competencies as:

 

Maintenance of current Policing knowledge;

 

Corporate Plan Key Result and Key Practice Areas; and

 

Maintenance of expert status for specialists.

 

(iv)       The Education Services Command will be responsible for the development and implementation of the MCPE training curriculum, lesson plans, materials and for the development, maintenance and integrity of the Objective Test of Operational Policing Knowledge and Practice.

 

(v)        The MCPE model will be applied to all Non-Commissioned levels of the   Service.

 

(vi)             Competency compliance will be the satisfactory attainment/passing of:

 

Base Generic Competencies;

 

Objective Test of Policing Knowledge and Practice;

 

Sufficient Mandatory Continuing Police Education (MCPE) points; and

 

Conformance with Performance Management Scheme requirements;

 

In accordance with standards applied herein.

 

(vii)      Base Generic Competencies are:

 

Physical fitness (to be considered on an exception reporting basis only, taking into consideration the deployment and age of the Non- Commissioned officer concerned);

 

Maintenance of Officer Survival Training including Firearms;

 

Maintenance of CPR/Basic First Aid knowledge,

 

Maintenance of Driver Status;

 

Maintenance of COPS System knowledge.

 

(a)       Physical Fitness Standard - 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 Medical Branch for assessment as to their fitness and for the development of a remedial program.  Such remedial program to be developed taking into account any advice provided by the Non-Commissioned Officer’s medical practitioner.

 

Effect on Incremental Progression: If the recommended remedial program is not followed by the Non- Commissioned Officer and/or sufficient progress is not made towards a "reasonable level" of fitness at the end of the first review period set under the remedial program then this will be taken as an effort at remedial action which was not successful, and incremental progression will be deferred by the period between the completion of the initial remedial program and the time when there is sufficient progress made towards a "reasonable level" of fitness in accordance with the remedial program.

 

The "reasonable level" will be variable having regard to a Non- Commissioned Officer’s deployment and age.

 

(b)       Officer Survival Training including Firearms Competency and Attendance at CPR/Basic First-Aid Training:

 

Non-Commissioned Officers must meet or exceed the minimum level of competency established by the Police Service in consultation with the Association.

 

Non-Commissioned Officers failing to achieve the minimum level of competency as set will immediately be subject to the remedial training program.

 

Effect on Incremental Progression - A Non-Commissioned Officer who fails to achieve a minimum level of competency following the course of remedial training will have the payment of any increment deferred for the amount of time taken to satisfy the appropriate minimum level of competency required.

 

(c)       Maintenance of Driver Status under the Safe Driving Policy - In the event a Non-Commissioned Officer has their status to drive Police Service vehicles revoked pursuant to the Safe Driving Policy, they will undergo driver development under the driver development program.

 

Effect on Incremental Progression: Failure to regain that status following a period of revocation and after undergoing driver development will result in a deferral of the Non- Commissioned Officer’s incremental progression from the conclusion of the program until such time as they have satisfied the requirements 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.

 

Appeal Process - A Non-Commissioned Officer who has their status to drive Police Service vehicles revoked may appeal such decision to the Commissioner in accordance with the Safe Driving Policy.

 

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

 

(d)       Computerised Operational Policing (COPS) System Literacy - Subsequent to initial training on the COPS system, Non-Commissioned Officers are expected to have the skill necessary to utilise the system to the degree necessary to perform duties pursuant to their deployment.  Non- Commissioned Officers who demonstrate skill deficiencies which seriously affect the performance of such duties shall be referred to a remedial program of training and instruction.

 

Effect on Incremental Progression - If, at the conclusion of the remedial training program the Non-Commissioned Officer is not able to demonstrate that the skill deficiency has been overcome, incremental progression will be deferred by the period of time taken from that point until they can so demonstrate.

 

Non-Commissioned Officers whose deployment is changed, shall have the opportunity for further initial training on the COPS system which is specific to that new area of deployment.

 

(viii)             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 the poor performance scheme (see subclause (xi) of this clause), it will not be deferred.  If such training is not satisfied, payment of the next increment will be deferred by the period of time taken after such training or participation for the Non-Commissioned Officer to be able to demonstrate that the identified difficulty or deficiency has been overcome.

 

(ix)       Effect of any deferral of incremental progression -

 

(a)       Payment of a deferred increment shall be made with effect from the date of compliance with the appropriate competency and/or performance standards;

 

(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)        Effect on incremental progression where multiple competencies not satisfied - Should any Non-Commissioned Officer fail to satisfy more than 1 competency required for incremental progression then the period of loss of incremental progression shall be concurrent not cumulative, i.e., the competency taking the longest period to satisfy, of any competencies, shall be the period of deferral of incremental progression.

 

(xi)             Performance Management Scheme - The agreed performance management scheme currently in place for Non-Commissioned Officers of the appropriate rank shall be applied to officers of that rank.  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 performers scheme subject to the procedures of the Performance Management Scheme being followed.

 

Effect on Incremental Progression - If, at the conclusion of the poor performers scheme, a Non-Commissioned Officer has not satisfied the requirements of the scheme, incremental progression will be deferred by the period taken until the Non-Commissioned Officer can so satisfy.

 

(xii)             Competency Assessment - Successful completion of the Constables Education Program and the Diploma of Policing Practice (or PREP and the Constables Development Program if applicable) is deemed to cover all competencies and the requisite standards required of a Constable to achieve the 5 levels of Constables incremental progression.  Non-Commissioned Officers will also be required to demonstrate the Base Generic Competencies during this period.

 

Effect on Incremental Progression - Progression to Constable Level 2 increment will be contingent upon the achievement of 12 months service as a probationary constable and confirmation as a constable.

 

Progression to Constable Levels 3, 4, and 5 increment will be contingent upon the achievement of 12 months service on each previous increment level and the demonstrated maintenance of the Base Generic Competencies during the twelve months period spent on each increment level.

 

Should the Base Generic Competencies not be satisfied the effect on incremental progression will be in accordance with the provisions of subclause (vii) of this clause.

 

(xiii)             Competency attainment to progress beyond Constable Level 5 and for promotion to Senior Constable Level 1 will be:

 

(a)       Successful completion of the Constable’s Education Program (or the Constables Development Program if applicable);

 

(b)       Successful completion of the Objective Test of Policing Knowledge and Practice (based on current understandings and recent changes affecting law and procedures);

 

(c)       Maintenance of the Base Generic Competencies.

 

(xiv)             Competency attainment to progress to each subsequent incremental level (including incremental progression within Sergeant and Senior Sergeant ranks) will comprise:

 

(a)       Completion of the Mandatory Continuing Police Education requirements (defined in terms of minimum attendance or points);

 

(b)       Maintenance of the Base Generic Competencies;

 

(c)       Prior to the increments being approved, the Objective Test of Policing Knowledge and Practice will again also need to be undertaken and passed;

(d)       Satisfactory performance under the agreed Performance Management Scheme.

 

(xv)      Objective Test - The objective test is run by computer terminal using the Eagle Network.

 

Non-Commissioned Officers may sit a trial of the Objective Test as often as they want subject to Service convenience.

 

Non-Commissioned Officers may fail and re-sit, but MUST PASS the test at an election to undertake the TEST at some time in the 6 months leading up to the appropriate incremental date.

 

Effect on Incremental Progression - Failure to pass the Objective Test at the required standard within the 6 months prior to the time of movement of the prescribed incremental levels, will result in a deferral of incremental progression until such time as the Objective Test is passed.

 

(xvi)     MCPE - Non-Commissioned Officers have an obligation to attend the agreed percentage of MCPE’s unless the Police Service otherwise agrees.  Attendances will be counted in the 12 month period to increment.

 

Effect on Incremental Progression - Non-Commissioned Officers who fail to attend the requisite number of MCPE’s will have their incremental progression deferred until the appropriate number have been attended unless such lack of attendance was due to the Non-Commissioned Officer being directed not to attend due to Police Service requirements.

 

(xvii)    Non-Commissioned Officers on Alternative Duties - 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, including on a part time basis, any such Non-Commissioned Officer will, within 6 months of such return, be required to demonstrate or achieve the required level of skill in the excused competency.

 

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 a Non-Commissioned Officer then remain unable to meet the requirements of the particular competency incremental progression will be deferred in accordance with the provisions of the appropriate clause dealing with the competency.

 

Where the Commissioner excuses a Non-Commissioned Officer from holding one or more of the base generic and other competencies there will be no effect on that Non-Commissioned Officer’s incremental progression.

 

(xviii)   MCPE - Part-time Leave Without Pay etc. - Non-Commissioned Officers on part-time leave without pay will be required to attend the requisite number of training days.  Rosters may be amended to facilitate attendance.  Attendances may also be facilitated at locations other than the Non-Commissioned Officer’s normal place of attachment.

 

Annual leave will not reduce attendance requirements.  Any other form of continuous absence from the Service, whether Special Leave Without Pay, Sick Leave, exchange duty, secondment, suspension etc. will be compensated on a pro rata adjustment basis up to the next full day of attendance.

 

(xix)      Effect of Other Forms of Leave on Progression - Non-Commissioned Officers on secondment, full time leave without pay, special leave without pay, extended sick leave, Hurt on Duty absences or returning from suspension, will 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 agreed procedures prescribed in 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 a Non-Commissioned Officer then remain unable to meet the requirements of the particular competency, incremental progression will be deferred in accordance with the provisions of the appropriate clause of this Award dealing with the competency.

 

(xx)             Performance Management - Non-Commissioned Officers on secondment from the Police Service 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 Police Service 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.

 

(xxi)      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.

 

 

19.  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 the Police Service shall be issued the following items of uniform:

 

Male Non-Commissioned Officers		Female Non-Commissioned Officers
one (1)	set of basket weave	one (1)	set of basket weave
	leather gear		leather gear
one (1)	leather duty jacket	one (1)	leather duty jacket
two (2)	Jumpers	two (2)	jumpers
four (4)	pairs of trousers	four (4)	pairs of culottes
		two  (2)	pairs of slacks
Eight (8)	Shirts	eight (8)	blouses
two (2)	Ties	two (2)	Ties
two (2)	pairs of  boots, fur	two (2)	pairs of boots, fur
	lined boots and/or		lined boots and/or
	Shoes		shoes
one (1)	antron cap	one (1)	dress hat
one (1)	Raincoat	one (1)	raincoat
one (1)	cap cover	one (1)	dress hat cover
Seven (7)	pairs of socks	three (3)	pairs of socks
one (1)	country hat	one (1)	country hat
one (1)	country hat cover	one (1)	country hat cover
one (1)	reflective vest	one (1)	reflective vest

 

 

(b)       Western 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:

Ardlethan Ariah Park Balranald Barellan Barham Barmedman Barooga Bellata Berrigan Bogan Gate Boggabilla Boggabri Boomi Bourke Brewarrina Broken Hill Buronga Burren Junction Carinda Carrathool Cobar Coleambally Collarenebri Condobolin Coolabah Coolamon Coonamble Dareton Darlington Pt Deniliquin

Enngonia Eugowra Euston Finley Forbes Ganmain Garah Goodooga Goolgowi Griffith Grong Grong Gulargambone Gwabegar Hay Hillston Ivanhoe Lake Cargelligo Leeton Lightning Ridge Lockhart Jerilderie Mathoura Menindee Moama Moree Moulamein Mungindi Mulwala Narrabri Narrandera Narromine Nymagee

Nyngan Oaklands Pallamallawa Parkes Peak Hill Pilliga Rankin Springs Tallimba Tibooburra Temora Tocumwal Tottenham Trangie Trundle Tullamore Tullibigeal Ungarie Urana Walgett Wanaaring Warren Wee Waa Weethalle Wentworth West Wyalong Whitton Wilcannia Yanco Yenda

 

will be provided with three pairs washable trousers/slacks/culottes.

 

(c)       Cold Climate Areas (Category 1) 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:-

 

Aberdeen Albury Ashford Baradine Barraba Bega Bellbrook Bemboka Bendemeer Bermagui South Bethungra Bingara Binnaway Bogan Gate Bowral Braidwood Bundanoon Bundarra Bungendore Cambelltown - HWP Candelo Canowindra Captains Flat Caragabal Cassilis Cobargo Comboyne Condobolin Coolah Coonabarabran Corowa Cowra Culcairn

Curlewis Delungra Denman Dunedoo Eden Eugowra Forbes Gooloogong Gravesend Greenethorpe Grenfell Gulgong Gunnedah Harden Henty Holbrook Howlong Hume Weir Inverell Jugiong Kandos Koorawatha Kootingal Lake Cargelligo Manilla Mendooran Merimbula Merriwa Michelago Mittagong Moonan Flat Moss Vale Mudgee Murrurundi

Muswellbrook Nundle Parkes Peak Hill Picton Quandialla Queanbeyan Quirindi Rand Robertson Rylstone Scone Somerton Springwood Stuart Town Stockinbingal Tambar Springs Tamworth Tarcutta Tathra The Oaks Tingha Trundle Tullamore Tullibigeal Wagga Wagga - HWP only Walla Walla Warialda Wallendbeen Wellington Werris Creek Windsor Willow Tree Woodstock Yetman Young

 

will be provided with:

 

one (1) rainsuit, breathable fabric of suitable standard

one (1) pair gloves

four (4) pairs winter weight socks

 

(d)       Cold Climate Areas (Category 2) - 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:

 

Adelong Armidale Bathurst Batlow Binalong Blackheath Blayney Boorowa Capertee Carcoar Collector Cootamundra Cudal Cumnock Deepwater Emmaville Glen Innes

Gloucester Goulburn Goulburn Academy - School  of Traffic and Mobile Policing Greater Hume Region -  Crash Investigation Unit Gundagai Gunning Guyra Hill End Holbrook - HWP only Katoomba Lawson Lithgow Macquarie Region - Crash Investigation Unit Mandurama Manildra Marulan Millthorpe Molong Mount Victoria

Nowendoc Oberon Orange Penrith - Radio Network Services Unit Portland Queanbeyan - HWP* only Richmond - HWP only Talbingo Tarago Tenterfield Tumut Uralla Walcha Walcha Rd Wallerawang Yass

 

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

 

will be provided with:

 

one (1) rainsuit, breathable fabric of suitable standard

one (1) fur lined cap

one (1) pair gloves

four (4) pairs winter weight socks

 

(e)       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:

 

Adaminaby Berridale Bigga Bombala Cooma Crookwell Delegate Guyra Jindabyne

Khancoban Nimmitabel Oberon Rockley Taralga Tuena Trunkey Creek Tumbarumba

 

will be provided with:

 

one (1) rainsuit, breathable fabric of suitable standard

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

 

(f)       Specialist Areas - Additional Issue - In addition to the Standard Police Dress Uniform - Initial Issue, prescribed in paragraph (a) of this subclause, and any other specific issue relevant to the peculiar nature of duties, Non-Commissioned Officers performing specialist uniform duties in the:

 

Air Wing;

 

Regional Crash Investigation Units;

 

Regional Dog Squads;

 

State Protection Group (Rescue Squad, Tactical Operations);

 

Water Police (Sydney, Broken Bay, Sans Souci, Nelson Bay, Coffs Harbour, Newcastle, Port Kembla);

 

will be provided with:

 

one (1) rainsuit, breathable fabric of suitable standard

 

(iii)       Annual Issue - All male uniformed Non-Commissioned Officers shall be issued, in their second and subsequent years of service, with seven pairs of socks, which will include four pairs of winter weight socks when attached to the areas specified in paragraphs (c), (d) and (e) of subclause (ii).

 

All female uniformed Non-Commissioned Officers shall be issued, in their second and subsequent years of service, with three pairs of socks.  These three pairs shall be winter weight socks when attached to the areas specified in paragraphs (c), (d) and (e) of subclause (ii).

 

(iv)       Special Issue - All uniformed Non-Commissioned Officers at initial issue shall, subject to funding and supplies being available in accordance with the Memorandum of Understanding between the Association, the Acting Commissioner and the Minister for Police dated 18 July 1996 (sic), be issued with one rainsuit of breathable fabric of suitable standard in lieu of the initial issue of a raincoat as prescribed under subclause (ii).

 

(v)        Stocking Allowance - All female uniformed Non-Commissioned Officers shall, in addition to the uniform issued above, be paid an allowance as set in Table 6, of Part B, Monetary Rates.

 

(vi)       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 7, of Part B, Monetary Rates in lieu of the provision of uniform.

 

Such 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.

 

(vii)             Condemnation - Except for the annual issue of socks, all items of uniform will be replaced on condemnation only.

 

(viii)             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 the Service, the Association is to be notified promptly in writing by the Service of the particular problem and the anticipated date of supply.

 

Division 3 - Commissioned Officers

 

20.  Salaries

 

Subject to the Police Service Act 1990, and Regulations and any requirements thereunder and to the provisions of clause 23, "Competency Based Incremental Progression" (Commissioned Officers), 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.

 

(i)         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 10 of this Award is intended to compensate, with the exception of annual leave loading, (see clause 25, "Annual Leave Loading").

 

(ii)        The parties recognise the "all up" nature of the Salaries prescribed in Table 2 - Commissioned Officers’ Salaries of Part B, Monetary Rates, consistent with the description contained in Police Service Circular 91/65, issued on 29 April 1991.

 

21.  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 Service 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.

 

22.  Non Renewal Benefit

 

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

 

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

 

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

 

(iii)       Any Commissioned Officer who resigns or retires (excluding medical retirement where application is supported by the Commissioner) from the Police Service 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;

 

(iv)       Any Fixed Term Appointment terminated, either through the death of the Commissioned Officer or upon promotion in accordance with Part 6, Division 3A of the Police Service Act 1990, shall be deemed to be a completed Term for the purpose of accrual of the benefit;

 

(v)        In circumstances where a Commissioned Officer is "removed" from the Police Service under the provisions of s181D of the Police Service 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.

 

(vi)       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.

 

(vii)       Consistent with the provisions of subclauses (ii) and (iii) 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;

 

(viii)       Commissioned Officers who are appointed to a position with the Police Service 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;

 

(ix)       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 Service Senior Executive Service, will accrue a benefit exclusive of any salary earned whilst a member of the Police Service 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 (viii) above.

 

23.  Competency Based Incremental Progression

 

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

 

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

 

(b)       certification, in accordance with the agreed procedures, as specified in this clause, of compliance with the requisite competency and/or performance standards.

 

(ii)        Annually and prior to a Commissioned Officer’s increment falling due, Commanders/Managers shall issue a Certificate of Competency Compliance unless a Commissioned Officer has failed an agreed remedial program or has otherwise had incremental progression deferred in accordance with the provisions of this Award.

 

A certificate shall be issued immediately upon the successful conclusion of a subsequent remedial program or when the period of the deferral is completed.

 

Commissioned Officers shall, as soon as is practicable, be provided with written notification of any decision which may defer incremental progression.

 

Competency and performance assessment as well as remedial programs shall be conducted in Police Service time and at Police Service expense.

 

(iii)             Maintenance of current policing knowledge will be by way of a self managed Mandatory Continuing Police Education (MCPE) system covering such competencies as:

 

Maintenance of current Policing knowledge;

 

Corporate Plan Key Result and Key Practice Areas; and

 

Maintenance of expert status for specialists.

 

(iv)       The Education Services Command will be responsible for the development and implementation of the MCPE training curriculum, lesson plans and materials.

 

(v)        The MCPE model will be applied to all Commissioned Officers with the exception of those Commissioned Officers occupying positions defined as Command positions in subclause (xiii) of this clause.

 

(vi)             Competency compliance will be the satisfactory attainment/passing of:

 

Base generic competencies (where appropriate to deployment);

 

Sufficient Mandatory Continuing Police Education (MCPE) points (consistent with subclause (iii) above);

 

Conformance with Performance Management Scheme requirements;

 

in accordance with the standards prescribed therein.

 

(vii)      Consistent with the deployment of individual Commissioned Officers, the Base Generic Competencies are:

 

Physical fitness (to be considered on an exception reporting basis only, taking into consideration the deployment and age of the Commissioned Officer concerned);

 

Maintenance of Officer Survival Training including Firearms;

 

Maintenance of CPR/Basic First Aid knowledge;

 

Maintenance of Driver Status;

 

Maintenance of COPS System knowledge.

 

(a)       Physical Fitness Standard - 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 Medical Branch for assessment as to their fitness, taking into account their deployment and age, and for the development of a remedial program.  Such remedial program is to be developed taking into account any advice provided by the Commissioned Officer’s medical practitioner.

 

Effect on Incremental Progression:  If the recommended remedial program is not followed by the Commissioned Officer and/or sufficient progress is not made towards a "reasonable level" of fitness at the end of the first review period set under the remedial program then this will be taken as an effort at remedial action which was not successful, and incremental progression will be deferred by the period between completion of the initial remedial program and the time when there is sufficient progress made towards a "reasonable level" of fitness in accordance with the remedial program.

 

The "reasonable level" will be variable having regard to a Commissioned Officer’s deployment and age.

 

(b)       Officer Survival Training including Firearms Competency and Attendance at CPR/Basic First Aid Training:

 

Commissioned Officers must meet or exceed the minimum level of competency established by the Police Service in consultation with the Association.

 

Commissioned Officers failing to achieve the minimum level of competency as set will immediately be subject to a remedial training program.

 

Effect on Incremental Progression: A Commissioned Officer who fails to achieve the minimum level of competency following the course of remedial training will have the payment of any increment deferred for the amount of time taken to satisfy the appropriate minimum level of competency required.

 

(c)       Maintenance of Driver Status under the Safe Driving Policy - In the event that a Commissioned Officer has their status to drive Police Service vehicles revoked pursuant to the Safe Driving Policy, they will undergo driver development under the driver development program.

 

Effect on Incremental Progression - Failure to regain that status following a period of revocation and after undergoing driver development will result in a deferral of the Commissioned Officer’s incremental progression from the conclusion of that program until such time as they have satisfied the requirements to have their status reinstated.  A local decision by the Commander/Manager to "prohibit a Commissioned Officer from driving" will have no effect on incremental progression.

 

Appeal Process - A Commissioned Officer who has their status to drive Police Service vehicles revoked may appeal such decision to the Commissioner of Police in accordance with the Safe Driving Policy.

 

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

 

Any loss of civilian licence arising from a medical condition of the Commissioned Officer will be considered in accordance with subclause (xiv) of this clause.

 

(d)       Computerised Operational Policing (COPS) System literacy - Subsequent to initial training on the COPS system, Commissioned Officers are expected to have the skills necessary to utilise the system to the degree necessary to perform duties pursuant to their deployment.  Commissioned Officers who demonstrate skill deficiencies which seriously affect the performance of such duties shall be referred to a remedial program in order to ensure consistency across the Police Service.

 

Effect on Incremental Progression - If, at the conclusion of the remedial training program the Commissioned Officer is not able to demonstrate that the skill deficiency has been overcome, incremental progression will be deferred by the period of time taken from that point until they can so demonstrate.

 

Commissioned Officers whose deployment is changed, shall have the opportunity for further initial training on the COPS system which is specific to that new area of deployment.

 

(viii)             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 the poor performers management scheme (see subclause (xi)), it will not be deferred.  If such training is not satisfied, payment of the next increment will be deferred by the period of time taken after such training or participation for the Commissioned Officer to be able to demonstrate that the identified difficulty or deficiency has been overcome.

 

(ix)       Effect of any deferral of incremental progression -

 

(a)       Payment of a deferred increment shall be made with effect from the date of compliance with the appropriate competency and/or performance standards;

 

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

 

(x)        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.  The competency taking the longest period to satisfy, of any competencies, shall be the period of the deferral of incremental progression.

 

(xi)             Performance Management Scheme - The agreed performance management scheme currently in place for Commissioned Officers of the rank of Inspector and above shall be applied.  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 performers scheme subject to the procedures of the Performance Management Scheme being followed.

 

Effect on Incremental Progression - If, at the conclusion of the poor performers scheme, a Commissioned Officer has not satisfied the requirements of the scheme, incremental progression will be deferred by the period taken until the Commissioned Officer can so satisfy.

 

(xii)             Competency Assessment - Competency attainment to progress to each subsequent incremental level  (including incremental progression within Inspector, Chief Inspector, Superintendent, Chief Superintendent, Superintendent Local Area Commander Level 1, Superintendent Local Area Commander Level 2, Superintendent Local Area Commander Level 3, Chief Inspector Duty Officer Level 1, Inspector Duty Officer Level 2 and Inspector Duty Officer Level 3 ranks) will comprise:

 

Completion of the Mandatory Continuing Police Education requirements (defined in terms of minimum attendance or points);

 

Maintenance of the Base Generic Competencies;

 

Satisfactory performance under the agreed Performance Management Scheme.

 

(xiii)     MCPE - Commissioned Officers (other than Commissioned Officers occupying Command positions) have an obligation to attend the agreed percentage of MCPE’s unless the Commissioner otherwise agrees.  Attendances will be counted in the 12 months period prior to increment.

 

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 attendance at prescribed MCPE lectures whether within their own Command or not.

 

Definition - For the purposes of this subclause and subclause (vi) of this clause 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).

 

Effect on Incremental Progression - Commissioned Officers, other than Commissioned Officers occupying Command positions, who fail to attend the requisite number of MCPE’s will have their incremental progression deferred until the appropriate number have been attended unless such lack of attendance was due to the Commissioned Officer being directed not to attend due to Police Service requirements.

 

(xiv)             Alternative Duties Officers - Any 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, including on a part time basis, any such Commissioned Officer will, within 6 months of such return, be required to demonstrate or achieve the required level of skill in the excused competency.

 

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

 

Any failure to so comply will require the Commissioned Officer to undergo appropriate remedial training.  Should a Commissioned Officer then remain unable to meet the requirements of the particular competency incremental progression will be deferred in accordance with the provisions of this clause.

 

Where the Commissioner excuses a Commissioned Officer from holding one or more of the base generic or other competencies there will be no effect on that Commissioned Officer’s incremental progression.

 

(xv)      MCPE - Part-time LWOP Etc. Commissioned Officers on Part-time Leave Without Pay will still be required to attend the requisite number of days.  Rosters may be amended to facilitate attendance.  Attendances may also be facilitated at alternate work locations.

 

Annual Leave will not reduce attendance requirements.  Any other form of continuous absence from the Service, whether special leave without pay, sick leave, exchange duty, secondment, suspension, etc., will be compensated for on a pro rata adjustment basis up to the next full day of attendance.

(xvi)     Effect of Other Forms of Leave on Progression - Commissioned Officers on secondment, full time leave without pay, special leave without pay, extended sick leave, sick leave without pay, Hurt on Duty absences or returning from suspension, will be regarded as having satisfied the requirements for any entitlement to incremental progression provided that within 6 months of their return to duty they comply with the agreed procedures prescribed in 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 a Commissioned Officer then remain unable to meet the requirements of the particular competency, incremental progression will be deferred in accordance with the provisions of this clause.

 

(xvii)             Performance Management (Seconded Commissioned Officers) - Commissioned Officers on secondment from the Police Service 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 Police Service 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.

 

(xviii)   Effect of 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 on taking up duty at the new location.

 

24.  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 Police Service 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.

 

(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.

 

25.  Annual Leave Loading

 

Annual Leave Loading for Commissioned Officers is comprehended in the "all up" nature of the salaries as prescribed by Table 2 - Commissioned Officers’ Salaries of Part B, Monetary Rates.

 

26.  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 4 - Disputes/Grievance Settlement Procedure

 

27.  Disputes/Grievance Settlement Procedure

 

(i)         The object of these procedures is to avoid grievance/disputes in the first instance and to facilitate the resolution of grievances of individuals and disputes between the Police Service 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.

 

Safety Issues - Procedures -

 

(a)        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.

 

(b)        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.

 

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

 

(ii)             Procedures in Other Matters -

 

(a)       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.

 

(b)       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 (a) above.

 

(c)        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.

 

(d)        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.

 

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

 

(f)       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.

 

General - Whilst the dispute resolution procedures are continuing no stoppage of work or any form of ban or limitation of work shall be applied.

 

Division 5 - Leave Reserved

 

28.  Leave Reserved

 

Leave is reserved to the parties to apply as they may be advised to vary this Award, where appropriate:

 

(i)         To give effect to any agreement that may arise out of the Memorandum of Understanding between the Commissioner of Police and the Police Association of New South Wales, entered into on 26 April 2001.  The variations that may be sought shall include, but not be limited to a review of:

 

(a)       Special Duties Allowances as prescribed by clause 11 of this Award;

 

(b)        the continued application of the Professional/Academic Qualifications Allowances as prescribed by clause 11 of this Award should the holding of an appropriate degree become a prerequisite for promotion to Senior Constable, or should the Police Service adopt a degree entry model;

 

(c)       optional salary sacrificing as prescribed by clause 7 of this Award; and

 

(d)        the classifications of Commissioned Officers and the monetary rates attaching thereto as prescribed by Table 2 - Commissioned Officers’ Salaries of Part B, Monetary Rates.

 

(ii)        In respect to clause 19, Provision of Uniform with regard to:

 

(a)        the general issue of rainwear should there be any alteration in the funding arrangements as prescribed in subclause (iv) Special Issue of clause 19; and

 

(b)       increases in the plain clothes and stocking allowances subject to any future variations in the clothing index of the CPI.

 

 

Division 6 - Area, Incidence and Duration

 

29.  Area, Incidence and Duration

 

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

 

(ii)        It shall take effect on 1 January 2001 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 for a period of two years.

 

(iii)       This Award rescinds and replaces the provisions of the Awards listed in Schedule 1 hereto.

 

(iv)       The Commission notes that the parties consider that the effect of the making of this Award is that the provisions of the Agreements listed in Schedule 2 are replaced to the extent of the changes prescribed in this Award.

 

(v)        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’ Salaries

 

From the beginning of the first full pay period to commence on or after 1 January 2001

 

Rank/Incremental Level	Per Annum $
Probationary Constable (Level 1)	35,614
Constable Level 2	36,958
Constable Level 3	38,300
Constable Level 4	39,644
Constable Level 5	40,318
Senior Constable Level 1	44,352
Senior Constable Level 2 Step 1	45,021
Senior Constable Level 2 Step 2	45,021
Senior Constable Level 3 Step 1	47,037
Senior Constable Level 3 Step 2	47,037
Senior Constable Level 3 Step 3	47,037
Senior Constable Level 4 Step 1	49,725
Senior Constable Level 4 Step 2	49,725
Senior Constable Level 5 Step 1	51,068
Senior Constable Level 5 Step 2	51,068
Senior Constable Level 6	51,741
Sergeant Level 1 Step 1	52,414
Sergeant Level 1 Step 2	52,414
Sergeant Level 2 Step 1	55,101
Sergeant Level 2 Step 2	55,101
Sergeant Level 2 Step 3	55,101
Sergeant Level 2 Step 4	55,101
Sergeant Level 3	57,118
Senior Sergeant Level 1 Step 1	59,806
Senior Sergeant Level 1 Step 2	59,806
Senior Sergeant Level 2	60,477
Senior Sergeant Level 3	61,818

 

From the beginning of the first full pay period to commence on or after 1 January 2002

Rank/Incremental Level	$ Per Annum
Probationary Constable (Level 1)	36,326
Constable Level 2	37,697
Constable Level 3	39,066
Constable Level 4	40,437
Constable Level 5	41,124
Senior Constable Level 1	45,239
Senior Constable Level 2 Step 1	45,921
Senior Constable Level 2 Step 2	45,921
Senior Constable Level 3 Step 1	47,978
Senior Constable Level 3 Step 2	47,978
Senior Constable Level 3 Step 3	47,978
Senior Constable Level 4 Step 1	50,720
Senior Constable Level 4 Step 2	50,720
Senior Constable Level 5 Step 1	52,089
Senior Constable Level 5 Step 2	52,089
Senior Constable Level 6	52,776
Sergeant Level 1 Step 1	53,462
Sergeant Level 1 Step 2	53,462
Sergeant Level 2 Step 1	56,203
Sergeant Level 2 Step 2	56,203
Sergeant Level 2 Step 3	56,203
Sergeant Level 2 Step 4	56,203
Sergeant Level 3	58,260
Senior Sergeant Level 1 Step 1	61,002
Senior Sergeant Level 1 Step 2	61,002
Senior Sergeant Level 2	61,687
Senior Sergeant Level 3	63,054

 

 

Table 2 - Commissioned Officers’ Salaries

 

From the beginning of the first full pay period to commence on or after 1 March 2001

 

Rank/Incremental Level	Per Annum $
Inspector Level 1	83,751
Inspector Level 2	84,433
Inspector Level 3	85,112
Inspector Level 4	86,475
Chief Inspector Level 1	89,880
Chief Inspector Level 2	90,561
Chief Inspector Level 3	91,240
Superintendent Level 1	105,539
Superintendent Level 2	106,902
Superintendent Level 3	108,262
Chief Superintendent Level 1	111,668
Chief Superintendent Level 2	112,349
Chief Superintendent Level 3	113,030
Superintendent Local Area Commander Level 1
1st Year of Service	113,056
2nd Year of Service and thereafter	116,155
Superintendent Local Area Commander Level 2
1st Year of Service	104,789
2nd Year of Service and thereafter	109,853
Superintendent Local Area Commander Level 3
1st Year of Service	98,693
2nd Year of Service and thereafter	101,794
Chief Inspector LAC Duty Officer Level 1
1st Year of Service	93,231
2nd Year of Service	93,917
3rd Year of Service and thereafter	94,596
Inspector LAC Duty Officer Level 2
1st Year of Service	87,105
2nd Year of Service	87,786
3rd Year of Service	88,465
4th Year of Service and thereafter	89,829
Inspector LAC Duty Officer Level 3
1st Year of Service	74,726
2nd Year of Service	75,992
3rd Year of Service and thereafter	78,525

 

From the beginning of the first full pay period to commence on or after 1 January 2002:

 

Rank/Incremental Level	Per Annum $
Inspector Level 1	85,426
Inspector Level 2	86,122
Inspector Level 3	86,814
Inspector Level 4	88,205
Chief Inspector Level 1	91,678
Chief Inspector Level 2	92,372
Chief Inspector Level 3	93,065
Superintendent Level 1	107,650
Superintendent Level 2	109,040
Superintendent Level 3	110,427
Chief Superintendent Level 1	113,901
Chief Superintendent Level 2	114,596
Chief Superintendent Level 3	115,291
Superintendent Local Area Commander Level 1
1st Year of Service	115,317
2nd Year of Service and thereafter	118,478
Superintendent Local Area Commander Level 2
1st Year of Service	106,885
2nd Year of Service and thereafter	112,050
Superintendent Local Area Commander Level 3
1st Year of Service	100,667
2nd Year of Service and thereafter	103,830
Chief Inspector LAC Duty Officer Level 1
1st Year of Service	95,096
2nd Year of Service	95,795
3rd Year of Service and thereafter	96,488
Inspector LAC Duty Officer Level 2
1st Year of Service	88,847
2nd Year of Service	89,542
3rd Year of Service	90,234
4th Year of Service and thereafter	91,626
Inspector LAC Duty Officer Level 3
1st Year of Service	76,221
2nd Year of Service	77,512
3rd Year of Service and thereafter	80,096

 

 

Table 3 - Special Duties Allowances (Non-Commissioned Officers)

 

From the beginning of the first full pay period to commence on or after 1 January 2001:

Grade 1	Per Annum $
On permanent appointment	$343
Grade 2
On permanent appointment	$687
Grade 3
On permanent appointment	$1029
3 years after permanent appointment	$1200
5 years after permanent appointment	$1370
Grade 4
On permanent appointment	$1718
3 years after permanent appointment	$2060
5 years after permanent appointment	$2408
Grade 5
On permanent appointment	$2917
3 years after permanent appointment	$3605
5 years after permanent appointment	$4460

 

From the beginning of the first full pay period to commence on or after 1 January 2002:

 

Grade 1	Per annum $
On permanent appointment	$350
Grade 2
On permanent appointment	$701
Grade 3
On permanent appointment	$1050
3 years after permanent appointment	$1224
5 years after permanent appointment	$1397
Grade 4
On permanent appointment	$1752
3 years after permanent appointment	$2101
5 years after permanent appointment	$2456
Grade 5
On permanent appointment	$2975
3 years after permanent appointment	$3677
5 years after permanent appointment	$4549

 

 

Professional/Academic Qualification	Per Annum $
Diploma in Criminology	$398
Bachelor or Law Degree and
Other relevant approved Degrees
Or Associate Diplomas or Associate
Diploma in Justice Administration	$792
With effect from 1 January 2002:
Vocationally relevant degrees as
defined in subclause (iv) of clause
11, Special Duties Allowances.	$792

 

Table 4 - Operational Detectives Allowance (Non-Commissioned Officers)

 

Commencing from the first full pay period to begin on or after 1 July 2001

 

 

 

	Per Annum $
On permanent appointment to operational	$857
criminal investigation duty in an authorised
Criminal investigation position.
On designation as a Detective and permanently	$1,465
appointed to operational criminal investigation
duty.
On promotion to Detective Sergeant and	$1,769
permanently appointed to operational criminal
investigation duty.

 

 

Commencing from the first full pay period to begin on or after 1 January 2002

 

	Per Annum $
On permanent appointment to operational	$874
criminal investigation duty in an authorised
Criminal investigation position.
On designation as a Detective and permanently	$1,494
appointed to operational criminal investigation
duty.
On promotion to Detective Sergeant and	$1,804
Permanently appointed to operational criminal
investigation duty.

 

Table 5 - On-Call Allowances (Non-Commissioned Officers)

 

(i)         Where the period advised to be on call is between 2 ordinary shifts or less than 24 hours, for each such period the rate is as follows:

 

(a)       From the beginning of the first full pay period to commence on or after 1 January 2001:

 

$11.36

 

(b)       From the beginning of the first full pay period to commence on or after 1 January 2002:

 

$11.59

 

(ii)        Where the period advised to be on call is 24 hours, for each such period the rate is as follows:

 

(a)       From the beginning of the first full pay period to commence on or after 1 January 2001:

 

$17.03

 

(b)       From the beginning of the first full pay period to commence on or after 1 January 2002:

 

$17.37

 

(iii)       Where a period on call exceeds 24 hours or multiples thereof the appropriate allowance shall be paid for each period of 24 hours together with the appropriate allowance for a period less than 24 hours.

 

(iv)       Vehicle Care - When a Non-Commissioned Officer has been placed on call, as defined in clause 13 of this award and in addition to being on call is required to take charge of a vehicle which is the property of the Police Service together with all Service equipment therein and/or thereon and provide garage, or other reasonable parking facilities therefore having regard to its size, such officer shall be paid an allowance for each 24 hours or part thereof at the following rate:

 

(a)       From the beginning of the first full pay period to commence on or after 1 January 2001:

 

$5.66

 

(b)       From the beginning of the first full pay period to commence on or after 1 January 2002:

 

$5.77

 

 

Table 6 - Stocking Allowance (Non-Commissioned Officers)

 

$108.00 per annum

 

 

Table 7 - Plain Clothes Allowances (Non-Commissioned Officers)

 

Non-Commissioned Officers required to perform duty in plain clothes shall be paid the following allowances in accordance with the provisions of subclause (vi) of clause 19 in lieu of the provision of uniform.

 

(i)         Non-Commissioned Officers required to perform duty in snow climate areas as specified in paragraph (e) of subclause (ii) of clause 19.

 

$1,309 per annum.

 

(ii)        Non-Commissioned Officers required to perform duty in cold climate areas (category 2) as specified in paragraph (d) of subclause (ii) of clause 19.

 

$1,252 per annum.

 

(iii)       Non-Commissioned Officers required to perform duty in cold climate areas (category 1) as specified in paragraph (c) of subclause (ii) of clause 19.

 

$1,224 per annum.

 

(iv)       All other non commissioned officers.

 

$1,123 per annum.

 

 

Schedule 1

 

Schedule of Awards referred to in clause 29

 

1.          Crown Employees (Non Commissioned Police Officers - 1998) Award published 5 June 1998 (305 I.G. 129) as varied.

 

2.          Crown Employees (New South Wales Police Service Commissioned Officers) Award 1998), IRC 4670/97.

 

3           Crown Employees (Non Commissioned Police Officers) Special Duties Allowance Award published 19 March 1993 (273 I.G. 1281).

 

4.          Crown Employees (Non Commissioned Police Officers) On Call Allowance Award, published 18 November 1987 (246 I.G. 614).

 

5.          Crown Employees Non Commissioned Police Officers (Uniform) Award published 4 April 1997 (297 I.G. 718).

 

6.          Crown Employees (Non Commissioned Police Officer (Hours) Interim Award published 3 February 1988 (247 I.G. 448).

 

Schedule 2

 

Schedule of Agreements referred to in clause 29

 

 

1.          Non Commissioned Police Officer Police Department (Public Service Board) Agreement No. 2396 of 1982.

 

2.             Commissioned Police Officers Police Department (Public Service Board) Agreement No 2395 of 1983.

 

 

 

F. L. WRIGHT  J, President.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.