Crown
Employees (Senior Assistant Superintendents and Assistant Superintendents,
Department of Attorney General and Justice - Corrective Services NSW) Award
2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 107 of 2012)
Before The Honourable
Mr Justice Staff
|
13 April 2012
|
REVIEWED
AWARD
Part A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Title
3. Definitions
4. Conditions
Fixed by other Instruments of Employment
5. Principles
of Understanding
6. Hours of
Work
7. Public
Holidays
8. Rostered
Day Off
9. Additional
Hours
10. Ranking
Structure
11. Annualised
Salary Package and Allowances
12. Leave
Entitlements
13. Recreation
Leave
14. Annual
Leave Loading
15. Higher
Duties
16. Performance
Agreement
17. Permanent
Part-time
18. Professional
Conduct
19. Equality of
Employment and Elimination of Discrimination
20. Harassment
Free Workplace
21. Anti-Discrimination
22. Work Health
and Safety
23. Flexible
Working and Operational Arrangements
24. Deduction
of Association Membership Fees
25. Grievance
and Dispute Resolution Procedures
26. No Further
Claims
27. Savings of
Rights
28. Area,
Incidence and Duration
PART B
Schedule 1 - Annualised Salary Package
Schedule 2 - Other Allowances
2. Title
This Award shall be known as the Crown Employees
(Senior Assistant Superintendents and Assistant Superintendents, Department of Attorney
General and Justice - Corrective Services NSW) Award 2009.
3. Definitions
In this Award, unless the content or subject matter
otherwise indicates, the following definitions apply:
"Act" means the Public Sector Employment
and Management Act 2002.
"Association" means the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"Assistant Superintendent" means a
commissioned officer occupying a position at the rank of Assistant
Superintendent.
"Award" means this Award.
"Division Head" means the Director-General of the
Department of Attorney General and Justice as listed in Column 2 of Schedule 1
of the Act.
"Conditions Award" means the Crown Employees
(Public Service Conditions of Employment) Award 2009 as varied or its
replacement.
"Corrective Services NSW (CSNSW)" means a
division within the Department of Attorney General and Justice, as specified in
Schedule 1 of the Act.
"General Manager" means a commissioned
officer occupying a position at the rank of General Manager in charge of
Correctional Centres or other positions so designated by the Division Head or
delegate.
"Manager Business Unit" means a commissioned
officer occupying a position of Manager Business Unit within Corrective Services
Industries.
"Manager Centre Services and Employment"
means a commissioned officer occupying a position of Manager Centre Services
and Employment within Corrective Services Industries.
"Manager of Industries Levels 1 and 2" means
a commissioned officer occupying a position of Manager of Industries Level 1 or
Level 2 within Corrective Services Industries.
"Manager Security" means a commissioned
officer occupying a position of Manager Security.
"Officer" means and includes all persons (as
defined by the Act), permanently or temporarily appointed to a position within
CSNSW pursuant to the provisions of the Act, of: Senior Assistant
Superintendent, Assistant Superintendent, Manager of Industries Levels 1 and 2,
Manager Centre Services and Employment, Manager Business Unit, Regional
Business Manager and Operations Manager and who are occupying one of the
positions covered by this Award at its operative date, or are appointed to or
employed in one of these positions after that date.
"Operations Manager" means a commissioned
officer occupying a position of Operations Manager within Corrective Services
Industries.
"Permanent Part-time Officer" means an
officer who is engaged under the Act for set and regular hours that are less
than the full 38 hour week contained in this Award.
"Personnel Handbook" means the New South
Wales Government Personnel Handbook published by the Public Service Commission,
as updated from time to time.
"Regional Business Manager" means a
commissioned officer occupying a position of Regional Business Manager within
Corrective Services Industries.
"Regulation" means the Public Sector
Employment and Management Regulation 2009.
"Senior Assistant Superintendent" means a
commissioned officer occupying a position at the rank of Senior Assistant
Superintendent.
4. Conditions Fixed
By Other Instruments of Employment
4.1 The following
Awards, or their replacements, insofar as they fix conditions of employment
applying to officers covered by this Award, which are not fixed by this Award,
shall continue to apply:
4.1.1 Crown Employees
(Public Service Conditions of Employment) Award 2009 or its replacement.
4.1.2 Crown Employees
(Transferred Employees Compensation) Award. or its replacement.
4.2 Except as expressly
provided by this Award, and except where conditions are covered by the Awards
referred to in subclause 4.1 of this clause, the conditions of employment for
officers shall be determined by the provisions of the Act, the Regulation and
the Personnel Handbook.
5. Principles of
Understanding
5.1 The parties
acknowledge that the former Crown Employees (Senior Assistant Superintendents
and Assistant Superintendents, Department of Corrective Services) Award 2005,
published 10 March 2006 (357 I.G. 1068) was entered into on the basis of a
mutual commitment to operate cost efficient and commercially competitive
Correctional Centre administration based on modern correctional practices and
the initiatives contained in the "Way Forward" Reform package. In meeting
this commitment, the Award provides the terms and conditions of employment for
officers which are aimed at increasing productivity and flexibility in the
conduct of the Department’s operations.
5.2 The parties
agreed to the introduction of an annualised salary package which includes all
incidents of employment except as otherwise expressly contained in this Award.
5.3 The parties
agreed to implement changes to rostering practices and procedures through the
promulgation of a twelve week roster comprising three roster cycles, with the
preparation of rosters to be undertaken by the Operations Scheduling Unit under
the control of the Division Head or delegate.
5.4 The parties
acknowledge that the changes to rostering practices and the annualisation of salaries
are not intended to disadvantage officers engaged under this Award.
6. Hours of Work
6.1 The ordinary
full time hours of work for officers on a 5 day working arrangement employed
under this Award shall be an average of 38 hours per week, to be worked Monday
to Friday inclusive. In exceptional circumstances work can be undertaken
outside of Monday to Friday by agreement with the officer and his/her
supervisor.
6.2 The ordinary
full time hours of work for officers on a 7 day or 5 of 7 day working
arrangement employed under this Award shall be an average of 38 hours per week
over a 28 day period, to be worked Monday to Sunday inclusive.
6.3 Weekend work for
7 day and 5 of 7 day workers shall be equitably distributed over a 12 month
period and displayed on the 28 day roster.
Such 5 of 7 or 7 day workers shall not be rostered for work for more
than an average of 2 weekends per 19 day roster period worked.
6.4 Officers shall
have the opportunity to swap shifts as agreed by their Manager Security or officer
in charge.
6.5 Officers may,
with the approval of the Operations Scheduling Unit, request to vary the 12
week roster as promulgated, in liaison with the Manager Security of the
Correctional Centre.
7. Public Holidays
7.1 Officers engaged
under this Award and who regularly perform rostered duty on Sundays and Public
Holidays shall receive the following compensation and are subject to the
following conditions:
7.2 When rostered
off on a public holiday - no additional compensation or payment.
7.3 When rostered on
a public holiday and work performed - no additional payment.
7.4 Additional
payment on the following basis:
Number of ordinary
shifts worked on Sundays and/or
|
Additional Payment
|
public holidays
during a qualifying period of twelve(12)
|
|
months from 1st
December one year to 30th November
|
|
the next year.
|
|
4 to 10
|
1/5th of one week’s ordinary salary
|
11 to 17
|
2/5ths of one week’s ordinary salary
|
18 to 24
|
3/5ths of one week’s ordinary salary
|
25 to 31
|
4/5ths of one week’s ordinary salary
|
32 or more
|
One week’s ordinary salary
|
7.5 The additional
payment shall be made after the 1st December in each year for the preceding
twelve months, provided that:
7.5.1 Where employment of
an officer is terminated or the officer resigns or retires, the officer shall
be entitled to be paid the additional payment that may have accrued under
subclause 7.4 of this clause from the preceding 1st December until the date of
termination, resignation or retirement.
7.5.2 Payment shall be
made at the rate applying as at 1st December each year, or at the date of
termination, resignation or retirement.
7.6 Officers who are
directed to work on the Public Service Holiday as determined by the Division Head
within the Christmas/New Year period are, in lieu of work on this day, entitled
to be absent from duty on one of the two days preceding the New Years Day
Public Holiday.
8. Rostered Day Off
8.1 The hours of work
prescribed in subclauses 6.1 and 6.2 of clause 6, Hours of Work shall be worked
on the basis of one rostered day off per month in each 20 working days of a 28
day roster cycle. Officers shall accrue 0.4 of an hour each 8 hour day towards
having the 20th day off with pay, subject to subclauses 8.3 and 8.4 of this
clause.
8.2 An officer’s
rostered day off shall be determined by CSNSW having regard to the needs of the
establishment or sections thereof.
Where practicable, a rostered day off shall be consecutive with other
days off. The rostered day off shall be shown as a crossed day off on the
roster.
8.3 Once set, the
rostered day off may not be changed in a current 28 day roster cycle without
agreement between the officer and his/her supervisor. When the rostered day off is changed by mutual agreement, another
day shall be substituted in the current roster cycle. Should this not be
practicable, the rostered day must be given and taken in the next roster cycle.
8.4 The maximum
number of rostered days off prescribed in subclause 8.1 of this clause shall be
12 days per annum. There shall be no accrual towards a rostered day off during
the first four weeks of recreation leave.
8.5 All other paid
leave shall contribute towards the accrual of a rostered day off except where
paid workers compensation and extended leave are current throughout the roster
cycle. Where an officer’s rostered day off falls during a period of sick leave,
the officer’s available sick leave shall not be debited for that day.
8.6 As an
alternative to the provisions contained in the above subclauses, officers may
elect to receive:
8.6.1 payment in lieu
of rostered days off; and/or
8.6.2 payment in lieu
of recreation leave accrued above 4 weeks per annum up to a maximum of 10 days
on an annual basis. Officers entitled to make this election must be 5 of 7 or 7
day workers.
This additional payment shall be made on the first pay
period after 1st December each year.
9. Additional Hours
9.1 No payment for
additional hours to the ordinary hours of work shall be paid to officers under
this Award. The only exception is in cases of emergency.
9.2 Officers who are
authorised by the General Manager for operational purposes to remain on duty
for a period in excess of 15 minutes beyond a standard 8 hour shift shall be
entitled to time off in lieu on the basis of an hour off for each additional
hour worked as outlined in the Procedures for the Management of Time Off in
Lieu, Senior Assistant Superintendents and Assistant Superintendents issued 24
January 2006.
9.3 Time off in lieu
shall be granted at a mutually agreeable time between the officer and the
General Manager, but must account for the operational needs of the workplace
and shall be taken within 28 days of the date such additional hours are
performed.
9.4 Should it not be
possible for this time off in lieu referred to in subclause 9.3 of this clause
to be granted within 28 days of the date the additional hours are performed,
time off in lieu shall be taken within a further 28 day period.
9.5 Should it not be
possible for the time off in lieu to be taken within the time frames nominated
in subclauses 9.3 and 9.4 of this clause, such time shall be paid at the rate
of single time for all hours worked.
9.6 The Manager Security
is responsible to the General Manager to ensure that all time off in lieu is
administered in accordance with subclauses 9.3 to 9.5 of this clause and with
the Procedures referred to in subclause 9.2 of this clause.
9.7 Officers who are
recalled to duty on account of an emergency shall be entitled to the payment of
overtime for all time worked. A minimum of 3 hours shall be paid for each
recall to duty on account of an emergency.
9.8 Work undertaken
on account of an emergency outside of ordinary hours of work shall be
compensated at the rate of time and one-half for the first two hours and at the
rate of double time thereafter, Monday to Saturday inclusive; at the rate of
double time on Sunday; and at the rate of double time and one-half on a public
holiday. The rate of payment for this work shall be the maximum rate for Clerk,
Grade 8 plus $1.
9.9 For the purposes
of this Award, emergency situations include but are not limited to situations
such as: riot, death in custody, fire or hostage. Hours worked in relation to
any such incidents must be submitted for the approval of the officer’s Manager
Security or General Manager.
9.10 The annualised
salary payable under this Award recognises that additional work time may be
involved in briefing incoming officers at the time of shift handover. There
shall be no additional payment for this work time.
10. Ranking Structure
10.1 The following
ranking structure shall apply:
Senior Assistant Superintendent (commissioned officer)
Assistant Superintendent (commissioned officer)
Operations Manager (commissioned officer)
Manager of Industries Levels 1 and 2 (commissioned
officer)
Manager Centre Services and Employment (commissioned
officer)
Manager Business Unit (commissioned officer)
10.2 The Division Head
or delegate reserves the right to transfer officers in accordance with the
Movement of Staff within and between Public Sector Agencies provisions of the
Act, if such action is considered to be in the best interests of CSNSW.
10.3 Wherever possible
transfers between locations or positions covered by this Award will be agreed
between the officer and the Division Head or delegate.. Such agreement does not
apply to transfers which are directed as a result of disciplinary or
performance issues or where there is a rotation between positions at the same
rank in the same Correctional Centre or Correctional Complex as defined in the Crimes
(Administration of Sentences) Act 1999. Nothing in this subclause
diminishes the right of the Division Head or delegate to direct transfers in
accordance with the Act.
11. Annualised Salary
Package and Allowances
11.1 The annualised
salaries payable in this Award are as shown in Part B, Schedule 1, and shall
include all incidents of employment, including an Incidental Allowance, except
as otherwise expressly contained in this Award.
11.2 Hosiery
Allowance: An allowance shall be paid to female officers to compensate for the
purchase of hosiery (which is not provided as part of the standard issue of
clothing) as shown in Part B, Schedule 2, Other Allowances.
11.3 Meal Allowances:
Officers covered by this Award are not entitled to meal allowances except when
work is being performed in accordance with the provisions of subclauses 9.6 to
9.8 of clause 9, Additional Hours of this award. In such circumstances, a meal
allowance will be paid in accordance with Item 19 of Table 1 - Allowances of
Part B Monetary rates of the Conditions Award as follows:
11.3.1 The rate
equivalent to the Dinner rate when working a double shift;
11.3.2 The rate
equivalent to the Breakfast rate when called in one hour prior to the rostered
shift start time and this work commences prior to 6.00am;
11.3.3 The rate
equivalent to the Dinner rate when work continues a minimum of 1½ hours beyond the
rostered finish time and continues beyond 6.00 pm.
11.3.4 Actual expenses
for meals when travelling on official business may be claimed in accordance
with the meal expenses for one-day journeys and travelling compensation
provisions of the Conditions Award.
11.4 Salary Packaging,
including Salary Sacrifice: An employee may elect, subject to the agreement of
CSNSW, to enter into a Salary Packaging Arrangement in accordance with the
provisions of the salary packaging provisions of the Crown Employees (Public
Sector - Salaries 2008) Award, or any variation or replacement award.
12. Leave
Entitlements
12.1 All leave (sick,
recreation etc.) except for extended leave shall be granted and administered in
accordance with the relevant provisions of the Conditions Award.
12.2 Extended leave
entitlements shall be granted and administered in accordance with Schedule 3 of
the Act.
12.3 All leave will be
debited in actual time, replacing the system of debiting multiplies of 1/4
days.
13. Recreation Leave
13.1 Officers under
this Award engaged as 5 day workers, Monday to Friday, shall be entitled to
recreation leave in accordance with the provisions of the Recreation Leave
clause of the Conditions Award that is, four weeks paid leave for each
completed year of service.
13.2 Officers under
this Award engaged as 5 of 7 or 7 day workers and who are regularly required to
perform rostered duty on Sundays and Public Holidays shall receive, in addition
to four weeks recreation leave in subclause 12.1 of this clause, an additional
two weeks recreation leave.
13.3 Limits on
accumulation and direction to take recreation leave shall be in accordance with
the Recreation Leave clause of the Conditions Award.
13.4 At least two
consecutive weeks of recreation leave shall be taken every 12 months, as
specified by in the Recreation Leave clause of the Conditions Award except by
written agreement with the Division Head or delegate in special circumstances.
13.5 Permanent
part-time officers shall be entitled to pro rata recreation leave calculated in
accordance with the proportion of full time officers' hours they work.
14. Annual Leave
Loading
14.1 Annual Leave
loading payable to officers under this Award shall be paid in accordance with
the provisions of the Annual Leave Loading clause of the Conditions Award.
15. Higher Duties
15.1 Subject to this
clause, an officer who is required to perform duties in a higher position
covered by this Award from time to time (provided the officer performs the
whole of the duties and assumes the whole of the responsibilities of the higher
position) shall be paid an allowance at the difference between the officer’s
present salary and the salary prescribed for the higher position covered by
this Award.
15.2 This higher
duties allowance shall be paid on a daily basis.
15.3 A Senior
Assistant Superintendent or Assistant Superintendent who is required to perform
duties and exercise delegations of a higher position under the Crown Employees
(General Managers, Superintendents, Managers Security and Deputy
Superintendents, Department of Attorney General and Justice - Corrective
Services NSW) Award 2009 shall be paid a higher duties allowance to the higher
position on a daily basis when such work is performed.
16. Performance
Agreement
16.1 All officers
shall enter into a performance agreement with CSNSW.
16.2 Performance
agreements will be reviewed every 12 months by the General Manager. Officers
who have not met the targets in a performance agreement shall be counselled by the
General Manager with the aim of developing a detailed developmental program to
enable the officer to satisfactorily participate in planning of workplace
performance and self-development. An appeal may be made to the Division Head or
delegate should an officer disagree with a review.
16.3 The parties
recognise that the Division Head or delegate, as part of a developmental
program, may transfer an officer. The purpose of such a transfer is to assist
an officer in his or her work performance and self-development and shall be
arranged in consultation with the officer.
17. Permanent
Part-Time
17.1 CSNSW is
committed to providing permanent part-time work opportunities where
practicable. Such arrangements should provide flexibility for effective use of
resources and be of benefit to staff.
17.2 Part-time work
arrangements shall be acceptable to both CSNSW and the officer and shall be in
accordance with the provisions of the Industrial Relations Act 1996 and the
Flexible Work Practices Policy and Guidelines issues by the then Public
Employment Office in October 1995.
18. Professional
Conduct
18.1 Corporate Plan:
Officers shall be committed to personal conduct and service delivery in
accordance with the principles, mission and corporate objectives expressed in
the CSNSW’s Corporate Plan.
18.2 Conduct of
duties: Officers shall perform their duties diligently, impartially and
conscientiously to the best of their ability by complying with CSNSW’s Guide to
Conduct and Ethics in the performance of their duties. All officers shall be
professional in their conduct with the public, other staff and inmates.
18.3 Dress Policy:
Officers shall comply with the requirements of CSNSW’s Dress Policy, shall
ensure their dress and grooming is of the highest standard and shall wear and
display CSNSW name tags. Officers are responsible for ensuring that all staff
under their supervision comply with CSNSW’s Dress Policy.
18.4 Case Management:
Officers shall have a thorough knowledge of and practice of the management of
Case Management Principles, as defined by departmental policy and procedures,
and shall diligently perform the duties required to implement them. All
officers shall participate in the oversight and implementation of Case
Management.
19. Equality of
Employment and Elimination of Discrimination
19.1 The parties are
committed to providing a work environment which promotes the achievement of
equality and elimination of discrimination in employment.
20. Harassment Free
Workplace
20.1 CSNSW is
committed to ensuring that officers work in an environment free of harassment.
Harassment is any repeated uninvited or unwelcome behaviour directed at another
person. Harassing behaviour is unacceptable and disruptive to the well-being of
individuals and workplace productivity.
20.2 Harassment is any
repeated uninvited or unwelcome behaviour directed at another person. The effect of harassment is to offend, annoy
or intimidate another person and to make the workplace uncomfortable and
unpleasant.
20.3 Harassment on any
grounds including, but not limited to, sex, race, marital status, physical
impairment, sexual preference, HIV/AIDS or age shall not be condoned by CSNSW
or the Association.
20.4 Officers at all
levels shall prevent all forms of harassment by setting personal examples, by
ensuring proper standards of conduct are maintained in the workplace and by
taking immediate and appropriate measures to stop any form of harassment of
which they may be aware.
20.5 All officers are
required to refrain from perpetuating, or being party to, any form of
harassment.
20.6 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the relevant legislation.
21.
Anti-Discrimination
21.1 It is the
intention of the parties bound by this Award to seek to achieve the objective
in section 3 (f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
21.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the parties have an obligation 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.
21.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimize an officer because the officer has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
21.4 Nothing in this
clause is to be taken to affect:
21.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
21.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
21.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
21.4.4 A party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
21.5 This clause does
not create legal rights or obligations in addition to those imposed upon the parties
by the legislation referred to in this clause.
22. Work Health and
Safety
22.1 At all times
officers shall comply with the Work Health and Safety Act 2011 and
Regulation.
22.2 The parties are
committed to maintaining an accident-free and healthy workplace through:
22.2.1 Implementation of
appropriate health and safety procedures;
22.2.2 Appropriate
management and risk assessment practices;
22.2.3 The active and
constructive involvement of all officers in promoting improvements to
occupational health, safety and officer welfare;
22.2.4 Management and
officer participation on Health and Safety Committees.
22.3 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the Work Health and Safety Act 2011 and Regulations.
23. Flexible Working
and Operational Arrangements
23.1 The parties to
this Award are committed to introducing greater flexibility in working
arrangements, wherever practicable. This includes part-time work, job sharing,
part-time leave without pay, career break scheme, part year employment and
variable leave employment as contained in the Flexible Work Practices Policy
and Guidelines issues by the then Public Employment Office in October.
23.2 Community
Consultative Committee: A Community Consultative Committee shall be established
at each correctional centre. This committee shall meet on a regular basis and
shall comprise representatives from all appropriate groups.
23.3 Local Management
Board: A Local Management Board shall be established at each correctional
centre covered by this Award to provide advice regarding the operation and
routines of each correctional centre. Elected representatives of the Vocational
Branches of the Association, including the Commissioned Officers Vocational
Branch where represented, and representatives from Community Offender Services
shall be allocated positions on Local Management Boards.
23.4 Directed duties:
The parties recognise that the nature of the correctional environment may
present emergent situations or that unforeseen circumstances may alter the
usual operation of a correctional centre on a short-term basis. In these
circumstances, an officer may be directed to carry out such duties as are
reasonably within the limits of the officer's skill, competence and training.
23.5 Any direction
made pursuant to this clause shall be consistent with the Centre's security
requirements, as assessed by the General Manager or most senior officer available
at that time, and CSNSW’s obligation to provide a safe and healthy work
environment.
24. Deduction of
Association Membership Fees
24.1 The Association
shall provide CSNSW with a schedule setting out the Association’s fortnightly
membership fees payable by members of the Association in accordance with the
Association rules.
24.2 The Association
shall advise CSNSW of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of the Association fortnightly
membership fees payable shall be provided to CSNSW at least 28 days in advance
of the variation taking effect.
24.3 Subject to
subclauses 24.1 and 24.2 of this clause, CSNSW shall deduct the Association’s
fortnightly membership fees from the salary of any officer who is an
Association member in accordance with the Association’s rules, provided the
officer has authorised CSNSW to make such deduction.
24.4 Monies so
deducted from the officer’s salary shall be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to officer’s membership accounts.
24.5 Unless other
arrangements are agreed to by CSNSW and the Association, all Association
membership fees shall be deducted by CSNSW on a fortnightly basis.
25. Grievance and
Dispute Resolution Procedures
25.1 The aim of this
procedure is to ensure that industrial and officer grievances or disputes are
prevented, or resolved as quickly as possible, at the lowest level in the
workplace.
25.2 Grievances shall
be handled in accordance with CSNSW’s Grievance Management Policy and
Guidelines. A grievance may be defined
as:
A statement or approach by an officer to a supervisor
on a work related problem, concern or complaint which may relate to:
(a) harassment
and/or discrimination on the basis of sex, race, marital status, disability,
sexual preference or age; or
(b) interpersonal
conflict at work, including supervisor, officer and co-worker conflicts; or
(c) unfair allocation
of development opportunities; or
(d) lack of
communication of work-related information; or
(e) a difficulty
concerning the interpretation or application of CSNSW’s policy or procedure.
25.3 Where a matter does
not fall within the definition of a grievance it shall be regarded as a
dispute. A dispute may be defined as:
An issue in relation to any matter contemplated by this
Award and related to its application, operation or interpretation.
25.4 The parties to
this Award are committed to following the steps set out below and shall
continue to work normally as these procedures are being followed. No party shall be prejudiced as to final
settlement by the continuance of work in accordance with these procedures.
25.5 A dispute shall
be dealt with in accordance with the following procedures:
Step 1: The
dispute is discussed between the officer(s) and the relevant supervisor. If the
dispute remains unresolved, follow Step 2.
Step 2: The
dispute is discussed between the officer(s), the Association’s delegate or
officer's nominated representative and the supervisor. If the dispute remains
unresolved follow Step 3.
Step 3: The
dispute is discussed between the next higher level of management and
representatives from Industrial Relations, and the Association delegate and/or
an Association official or officer's nominated representative. If the dispute
remains unresolved, follow Step 4.
Step 4: The
dispute is discussed between the most senior representatives of CSNSW and the
relevant Association officials and/or officer's nominated representative. If the dispute remains unresolved, follow
Step 5.
Step 5: The
dispute is discussed with the Division Head and the relevant Association
officials and/or officer’s nominated representative.
Step 6 The matter
may be referred by either party to the Industrial Relations Commission to
exercise its functions under the NSW Industrial Relations Act 1996,
provided the matter is not a claim for general increases in salary or conditions
of employment contained in this Award.
Each of the steps will be followed within a reasonable
time frame having regard for the nature of the grievance or dispute.
26. No Further Claims
26.1 It is a condition
of this Award that the Association undertakes for the duration of the life of
this Award not to pursue any extra claims, award or over award, with respect to
the officers covered by this Award.
27. Savings of Rights
27.1. Should there be a
variation to the Crown Employees (Public Sector Salaries - 2008) Award, or to
an award replacing it, during the term of this award, by way of a general
salary increase, this Award shall be varied to give effect to any such
increase.
28. Area, Incidence
and Duration
29.1 This Award shall
apply to all officers as defined in clause 10, Ranking Structure of this Award.
29.2 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 13 April 2012.
29.3 Changes made to
this award subsequent to it first being published on 28 August 2009 (368 I.G.
1508) have been incorporated into this award as part of the review.
Part B
Schedule 1 - Annualised Salary Package
1.1 Remuneration:
Commissioned Correctional Officers
Title
|
Annualised Salary
from the
|
|
first full pay
period
|
|
on or after1 July
2011
|
|
$
|
Senior Assistant Superintendent
|
|
7 day or any 5/7 days
|
106,655
|
Assistant Superintendent
|
|
7 day or any 5/7 days
|
99,833
|
Senior Assistant Superintendent 5 day
|
100,820
|
Assistant Superintendent 5 day
|
93,998
|
1.2 Remuneration:
Commissioned Industries Officers
|
Annualised Salary
first full pay
|
|
period on or after
1 July 2011
|
Title
|
$
|
|
|
Regional Business
|
Yr 1
|
113,265
|
Manager
|
Yr 2
|
116,176
|
5 day
|
Yr 3
|
121,163
|
|
Yr 4
|
126,640
|
Operations Manager
|
120,533
|
Manager of Industries
|
|
Level 1 - 5 day
|
111,219
|
Manager of Industries
|
|
Level 2 - Any 5 of 7 days
|
111,686
|
Manager Centre Services
|
|
& Employment Manager
|
|
of Industries level 2
5 day
|
105,849
|
Manager Business Unit
|
|
any 5/7days
|
106,655
|
Manager Business
|
|
Unit 5 day
|
100,820
|
1.3 The salaries in
clause 1.1 and 1.2 above are annualised.
All incidents of employment except as otherwise expressly contained in
this Award are included within the annualised salary.
Schedule 2 - Other Allowances
2.1
|
Hosiery
|
$240.00 per annum
|
subclause 11.2
|
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.