Crown Employees (Police Officers - 2009) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Police Force.

 

(No. IRC 1584 of 2011)

 

 

VARIATION

 

1.        Insert in numerical order in clause 1, Arrangement of the award published 26 February 2010 (369 I.G. 1233), the following new clause number and subject matter:

 

33A.   Leave for Matters Arising from Domestic Violence

 

2.        Insert after subclause 3.10 of clause 3, Definitions the following new subclause.

 

3.11    "Domestic Violence" means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.

 

3.        Delete paragraph 23.1.2 of clause 23, Maternity Leave, and insert in lieu thereof the following:

 

23.1.2            for a further period of up to 12 months from the actual date of birth.

 

4.        Delete paragraph 23.6.2 of clause 23 and insert in lieu thereof the following:

 

23.6.2 prior to the expected date of birth, completed not less than 40 weeks' continuous service,

 

shall be paid at her ordinary rate of pay for a period not exceeding 14 weeks or the period of maternity leave taken, whichever is the lesser period, from the date maternity leave commences.

 

5.        Delete clause 32, Military Leave and insert in lieu thereof the following:

 

32.  Military Leave

 

32.1    During the period of 12 months commencing on 1 July each year, the Commissioner may grant to an officer who is a volunteer part-time member of the Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction conducted by the officer’s unit.

 

32.2    In accordance with the Defence Reserve Service (Protection) Act 2001 (Cth), it is unlawful to prevent an officer from rendering or volunteering to render, ordinary defence Reserve service.

 

32.3    Up to 24 working days (182.4 working hours) military leave per year may be granted by the Commissioner to members of the Naval and Military Reserves and up to 28 working days (212.8 working hours) per year to members of the Air Force Reserve for the activities specified in subclause 32.1 of this clause.

 

32.4    The Commissioner may grant an officer special leave of up to 1 day to attend medical examinations and tests required for acceptance as volunteer part-time members of the Australian Defence Forces.

 

32.5    An officer who is requested by the Australian Defence Forces to provide additional military services requiring leave in excess of the entitlement specified in subclause 32.3 of this clause may be granted Military Leave Top up Pay by the Commissioner.

 

32.6    Military Leave Top up Pay is calculated as the difference between an officer's ordinary pay as if they had been at work, and the Reservist's pay which they receive from the Commonwealth Department of Defence.  For the purpose of this clause ordinary pay shall include the officers annual salary (including loadings paid to non commissioned officers), plus any annualised allowances such as special duties, academic, remote areas or plain clothes allowances ordinarily received by the officer but shall not include shift penalties, overtime payments or on-call allowances.

 

32.7    During a period of Military Leave Top up Pay, an officer will continue to accrue sick leave, annual and extended leave entitlements, and the NSW Police Force is to continue to make superannuation contributions at the normal rate.

 

32.8    At the expiration of military leave, in accordance with subclause 32.3 or 32.4 of this clause, the officer shall furnish to the Commissioner a certificate of attendance and details of the staff members reservist pay signed by the commanding officer or other responsible officer.

 

6.        Insert after subclause 33.3 of clause 33, Special Leave the following new subclause:

 

33.4    Matters arising from domestic violence situations.

 

When the leave entitlements referred to in clause 33A, Leave for Matters Arising From Domestic Violence, have been exhausted, the Commissioner shall grant up to five days per calendar year to be used for absences from the workplace to attend to matters arising from domestic violence situations.

 

7.        Insert after clause 33, Special Leave, the following new clause:

 

33A.  Leave for Matters Arising from Domestic Violence

 

33A.1  The definition of domestic violence is found in clause 3.11, Definitions, of this award.

 

33A.2  Leave entitlements provided for in clause 30, Family and Community Service Leave, clause 21, Sick Leave and clause 22, Sick Leave to Care for a Family Member, may be used by staff members experiencing domestic violence.

 

33A.3  Where the leave entitlements referred to in subclause 33A.2 are exhausted, the Commissioner shall grant Special Leave as per clause 33.4.

 

33A.4  The Commissioner will need to be satisfied, on reasonable grounds, that domestic violence has occurred and may require proof presented in the form of an agreed document issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer.

 

33A.5  Personal information concerning domestic violence will be kept confidential by the Police Force.

 

33A.6  The Commissioner, where appropriate, may facilitate flexible working arrangements subject to operational requirements, including changes to working times and changes to work location, telephone number and email address.

 

33A.7  Where an application for leave includes information that identifies a situation of domestic or other violence, police officers and managers will also discharge their duty as required under the Code of Conduct for the NSW Police Force Response to Domestic and Family Violence, as it is amended from time to time, in order to meet their obligations to provide victims the best possible protection.

 

8.        Delete paragraph 72.1.2 of clause 72, Eligibility for Entitlements under This Section, and insert in lieu thereof the following:

 

72.1.2            With respect to five (5) years at a Location in 72.1.1, any continuous period of completed tenure in the metropolitan area accumulates towards the five year eligibility.

 

9.        This variation is effective from 27 October 2011.

 

 

 

 

 

C.G. STAFF J

 

 

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Printed by the authority of the Industrial Registrar.