Crown Employees (General Managers, Superintendents,
Managers Security and Deputy Superintendents, Department of 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.
(Case No. 2016/00006323)
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Before Commissioner Stanton
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2 August 2016
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REVIEWED
AWARD
Part A
1. Arrangement
Clause No. Subject Matter
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. Motor
Vehicles
18. Permanent
Part-time
19. Professional
Conduct
20. Equality
of Employment and Elimination of Discrimination
21. Harassment
Free Workplace
22. Anti-Discrimination
23. Work
Health and Safety
24. Flexible
Working and Operational Arrangements
25. Deduction
of Association Membership Fees
26. Grievance
and Dispute Resolution Procedures
27. No Further
Claims
28. General
29. Savings of
Rights
30. 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 (General Managers, Superintendents, Managers Security and Deputy
Superintendents, Department of 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
Government Sector Employment Act 2013
"Association" means the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"Award" means this Award.
"Division Head" means the Secretary of the
Department of Justice.
"Conditions Award" means the Crown Employees
(Public Service Conditions of Employment) Award 2009 as varied, or its
replacement.
"Corrective Services (CSNSW)" means a
division within the Department of Justice.
"Deputy Superintendent" means a commissioned
officer occupying a role at the rank of Deputy Superintendent which is not
attached to a Correctional Centre.
"General Manager" means a commissioned
officer occupying a role at the rank of General Manager in charge of
Correctional Centres, other than Mid North Coast, Dillwynia or Wellington, or
other positions designated by the Division Head.
"Manager Security" means a commissioned
officer occupying a role at the rank of Manager Security with the
responsibility of managing the security of a Correctional Centre, other than
Mid North Coast, Dillwynia or Wellington, or other role designated by the
Division Head.
"Officer" means and includes all persons (as
defined by the Act) permanently or temporarily appointed to a role within CSNSW
pursuant to the provisions of the Act, at the rank of General Manager,
Superintendent, Manager Security or Deputy Superintendent and who is occupying
one of the role covered by this Award at its operative date, or is appointed to
or employed in one of these role after
that date.
"Permanent Part-time Officer" means an
Officer who is engaged under the Act for set and regular hours that are less
than the full contract hours of this Award.
"Personnel Handbook" means the New South
Wales Government Personnel Handbook published by the Public Service Commission,
as updated from time to time.
"Regulation" means the Government Sector Employment Regulations 2013
"Superintendent" means a commissioned officer
who is occupying a role at the rank of Superintendent which is not attached to
a Correctional Centre.
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:
Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009, published 10 March 2006 (357 IG 1108) with the exception of
clauses: 10, 11, 12, 13, 14, 20, 21, 24, 35, 36, 39, 46, 47, 48, 49, 54, 55 and
91 - 107 inclusive.
Crown Employees (Transferred Employees Compensation)
Award
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 officers
shall be determined by the provisions of the Act, the Regulation and Personnel
Handbook.
5. Principles of
Understanding
5.1 The parties
acknowledge that the former Crown Employees (General Managers, Superintendents,
Managers Security and Deputy Superintendents, Department of Corrective
Services) Award 2005, published 22 July 2005 (352 IG 602) 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 CSNSW’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.
6. Hours of Work
6.1 The ordinary
hours of work for officers under this Award shall be an average of 38 per week
to be worked Monday to Sunday inclusive.
7. Public Holidays
7.1 Officers
engaged under this Award and who are regularly required to perform rostered
duty on Sundays and Public Holidays shall receive the following compensation
and are subject to the following conditions:
7.1.1 When rostered
off on a public holiday - no additional compensation or payment.
7.1.2 When rostered on
a public holiday and work performed - no additional payment.
7.1.3 Additional
payment on the following basis:
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Number of ordinary shifts worked on Sundays and/or public
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holidays during a qualifying period of twelve (12) months
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Additional Payment
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from 1st December one year to 30th November the next year
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4 to 10
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1/5th of one week’s ordinary salary
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11 to 17
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2/5ths of one week’s ordinary salary
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18 to 24
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3/5ths of one week’s ordinary salary
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25 to 31
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4/5ths of one week’s ordinary salary
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32 or more
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One week’s ordinary salary
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7.2 The additional
payment shall be made after the 1st December in each year for the preceding
twelve months, provided that:
7.2.1 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
paragraph 7.1.3 of this clause from the preceding 1st December until the date
of termination, resignation or retirement.
7.2.2 Payment shall be
made at the rate applying as at 1st December each year, or at the date of
termination, resignation or retirement.
7.3 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 subclause 6.1 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. Where the rostered day off is changed by
agreement, another day shall be substituted in the current roster cycle. Should
this not be practicable the rostered day off 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
twelve 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 or extended leave is 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 payment in lieu of rostered days off.
9. Additional Hours
9.1 No payment for
additional hours to the ordinary hours of employment shall be paid to officers
under this Award. The only exception is in cases of emergency.
9.2 Officers who
are recalled to duty on account of an emergency shall be entitled to the
payment of overtime for all time worked in excess of the first two hours on
each occasion.
9.3 After the
initial two hours has been worked, then any subsequent work undertaken on
account of an emergency 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
Sunday inclusive. The rate of payment
for this work shall be the maximum rate for Clerk, Grade 8 plus one dollar.
9.4 For the
purposes of this Award, emergencies are situations such as riot, fire, or
hostage. Payment for hours worked in relation to any such incidents must be
submitted for the approval of the officer’s supervisor.
10. Ranking Structure
10.1 The following
ranking structure shall apply:
General Manager (commissioned officer)
Superintendent (commissioned officer)
Manager Security (commissioned officer)
Deputy Superintendent (commissioned officer)
10.2 Vacancies at
these ranks shall be advertised externally and internally within CSNSW, in
accordance with the Act and filled by way of merit selection. This shall not apply to roles which can be
suitably filled by way of internal transfer, redeployment, rotation,
secondments or temporary appointment with the approval of the Division Head.
10.3 At the commencement
of the former Crown Employees (General Managers, Superintendents, Managers
Security and Deputy Superintendents, Department of Corrective Services) Award
2005, the roles of General Manager and Manager Security were advertised and
filled by way of a merit selection process.
10.4 Officers
successful in gaining appointment to roles covered by this Award shall be
offered a placement in a location for a period of up to three years in
recognition that the nature of CSNSW’s operation may require their transfer to
another location or roles at the same rank from time to time. Officers shall
have the opportunity to discuss any transfer of this nature with the Division
Head prior to a transfer being affected under this subclause.
10.5 The Division
Head 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.
10.6 Transfer costs,
where applicable, shall be made in accordance with the provisions of the Crown
Employees (Transferred Employees Compensation) Award 2009 or its replacement.
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 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. This
includes work undertaken in accordance with the provisions of subclauses 9.2,
9.3 and 9.4 of clause 9 Additional Hours, of this Award.. Actual expenses for
meals and accommodation may be claimed in accordance with the meal expenses for
one-day journeys and travelling compensation provisions of the Conditions Award
when travelling on official business, with the rates prescribed to be used as
an indicative upper limit.
11.4 Incidental
Allowance: The annualised salary package contained in Part B, Schedule 1,
Annualised Salary Package to this Award, incorporates an Incidental Allowance
as described in the former Crown Employees (Commissioned Officers, Department
of Corrective Services) Interim Award 2003 published 5 September 2003 (341 I.G.
386).
11.5 Salary
Packaging, including Salary Sacrifice: An employee may elect, subject to the
agreement of the CSNSW, to enter into a Salary Packaging Arrangement in
accordance with the salary packaging provisions of the Crown Employees (Public
Sector - Salaries 2008) Award or its replacement.
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 multiples of 1/4
days.
13. Recreation Leave
13.1 In accordance
with the Recreation Leave provisions of the Conditions Award, officers under
this Award shall be entitled to recreation leave of 20 working days paid leave
per year. Additional recreation leave on
full pay accrues to officers indefinitely stationed in a remote area at the
rate of 5 working days per year.
13.2 At least two
consecutive weeks of recreation leave shall be taken every 12 months, as
specified in the Conditions Award, except by written agreement with the
Division Head in special circumstances.
13.3 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 and administered in
accordance with the provisions of the Annual Leave Loading clause in the
Conditions Award.
15. Allowance for
Temporary Assignment
15.1 Subject to this
clause, an officer who is required to perform duties in a higher roles from
time to time shall, provided the officer performs the whole of the duties and
assumes the whole of the responsibilities of the higher roles be paid an
allowance at the difference between the officer’s present salary and the salary
prescribed for the higher roles
15.2 This higher
duties allowance shall not be paid unless the officer has performed the duties
of the higher roles for five complete and consecutive working days or more.
16. Performance
Agreement
16.1 All officers
shall enter into a performance agreement with CSNSW.
16.2 Officers who
have not met the targets in a performance agreement shall be counselled by the
Division Head with the aim of developing a detailed developmental program to
enable the officer to satisfactorily participate in planning of workplace
performance and self-development.
16.3 The parties
recognise that the Division Head, 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. Motor Vehicles
17.1 Officers
occupying roles under this Award may sublease vehicles from CSNSW in accordance
with the arrangements in place for officers employed within the Senior
Executive Service as contained in Premier’s Directions in force at the time of
the making of this Award and any variations made to these provisions
thereafter. These arrangements are contained in CSNSW’s Transport Policy and
Procedure Manual.
17.2 Officers who do
not elect to sublease a vehicle under subclause 17.1 of this clause and who are
required to undertake on-call duties may have access to a pool vehicle for the
performance of those CSNSW duties. Use of a pool vehicle under this subclause
must be subject to the approval of the officer’s supervisor.
18. Permanent Part-Time
18.1 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.
18.2 Part-time work
arrangements must 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.
19. Professional Conduct
19.1 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 Corporate Plan.
19.2 Officers shall
perform their duties diligently, impartially and conscientiously to the best of
their ability by complying with the CSNSW Guide to Conduct and Ethics in the
performance of their duties. All officers shall be professional in their
conduct with the public, other staff members and inmates.
19.3 Dress Policy:
Officers shall comply with the requirements of the CSNSW Dress Policy, shall
ensure their dress and grooming is of the highest standard and shall wear and
display CSNSW’s name tags. Officers are responsible for ensuring that all staff
under their supervision comply with the CSNSW Dress Policy.
19.4 Officers shall
have a thorough knowledge of and practice of the management of Case Management
Principles, as defined by CSNSW’s 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.
20. Equality of
Employment and Elimination of Discrimination
20.1 The parties are
committed to providing a work environment which promotes the achievement of
equality and elimination of discrimination in employment.
21. Harassment Free
Workplace
21.1 CSNSW is
committed to ensuring that officers work in an environment free of harassment.
Harassing behaviour is unacceptable and disruptive to the well-being of
individuals and workplace productivity.
21.2 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.
21.3 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.
21.4 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.
21.5 All officers are
required to refrain from perpetuating, or being party to, any form of
harassment.
21.6 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the relevant legislation.
22. Anti-Discrimination
22.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3 (f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
22.2 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.
22.3 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.
22.4 Nothing in this
clause is to be taken to affect:
22.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
22.4.2 Offering or providing
junior rates of pay to persons under 21 years of age;
22.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
22.4.4 A party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
22.5 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.
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 this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
23. Work Health and
Safety
23.1 At all times
officers shall comply with the Work Health and Safety Act 2011 and Regulation.
23.2 The parties are
committed to maintaining an accident-free and healthy workplace through:
23.2.1 Implementation of
appropriate health and safety procedures.
23.2.2 Appropriate
management and risk assessment practices.
23.2.3 The active and
constructive involvement of all officers in promoting improvements to
occupational health, safety and officer welfare.
23.2.4 Management and
officer participation on Health and Safety Committees.
23.3 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the Work Health Safety Act
2011 and Regulation.
24. Flexible Working
and Operational Arrangements
24.1 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 issued by the then Public Employment
Office in October 1995.
24.2 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. General Managers
are responsible for ensuring the Community Consultative Communities meet and
operate within CSNSW guidelines.
24.3 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 as appropriate and representatives from Community Offender
Services shall be allocated roles on Local Management Boards.
24.4 All officers
occupying roles s under this Award shall be on-call as required by their
supervising officer and shall be able to respond to unanticipated circumstances
in a prompt and reliable manner. An on-call allowance shall not be paid.
24.5 General Managers
shall regularly inspect the correctional centres and workplaces under their
responsibility. It is expected that each location shall be visited twice per
month or more often if required by the officer’s supervisor. All shifts
operating at each location shall be included regularly as part of the
inspection. Reports of these inspections shall be submitted to senior
management as part of the monthly reporting requirements as contained in
CSNSW’s policy and procedures.
24.6 General Managers
and Managers Security shall be on duty at the Correctional Centre on two
weekends per month and shall have weekdays off as part of the annualised salary
package. These days off must be in
accordance with operational requirements and must be approved by the officer’s
supervisor.
24.7 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.
24.8 Any direction
made pursuant to this clause shall be consistent with 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.
25. Deduction of
Association Membership Fees
25.1 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.
25.2 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.
25.3 Subject to
subclauses 25.1 and 25.2 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.
25.4 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 officers’ membership accounts.
25.5 Unless other
arrangements are agreed to by CSNSW and the Association, all Association
membership fees shall be deducted by CSNSW on a fortnightly basis.
26. Grievance and
Dispute Resolution Procedures
26.1 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.
26.2 Grievances shall
be handled in accordance with the 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 a CSNSW’s policy or procedure.
26.3 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.
26.4 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.
26.5 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.
The parties agree to exhaust the conciliation process
before considering Step 6. The parties agree not to deliberately frustrate or
delay these procedures.
Step 6:
The dispute may be referred by either party to the Industrial Relations
Commission to exercise its functions under the Industrial Relations Act 1996,
provided the dispute is not a claim for general increases in salary or
conditions of employment contained in this Award.
26.6 Each of the
steps will be followed within a reasonable time frame having regard for the
nature of the dispute.
26.7 While the
parties are attempting to resolve the grievance/dispute, the parties shall
continue to work in accordance with this Award and their contract of employment
unless the staff member has a reasonable concern about an imminent risk to his
or her safety. Subject to the Work
Health and Safety Act 2011, even if the staff member has a reasonable concern
about an imminent risk to his or her health or safety, the staff member must
not unreasonably fail to comply with a direction from management to perform
other available work, whether at the same correctional centre or another
workplace, that is safe and appropriate for the staff member to perform.
27. No Further Claims
27.1 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.
28. General
28.1 Nothing in this
Award shall be construed as restricting the Division Head to alter the duties
of any roles or to abolish any roles covered by this Award.
29. Savings of Rights
29.1 Should there be
a variation to the Crown Employees (Public Sector - Salaries 2016) Award or its
replacement, 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.
30. Area, Incidence
and Duration
31.1 This Award shall
apply to all officers as defined in clause 10, Ranking Structure of this Award.
31.2 This award is
made following a review under Section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Crown Employees (General Managers, Superintendents,
Manager Security and Deputy Superintendents, Department of Justice – Corrective
Services NSW) Award 2009 published 17 August 2012 (374 I.G.34).
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 2 August 2016.
31.3 The award
remains in force until varied or rescinded the period for which it was made
having already expired.
Part B
SCHEDULE 1
Annualised Salary Package
1.1 Annualised
Salary
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Rank
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Annualised Salary
from the
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|
|
first full pay
period on or after
|
|
|
1 July 2016
|
|
|
$
|
|
General Manager
|
184,295
|
|
Superintendent
|
169,103
|
|
Manager Security
|
155,478
|
|
Deputy Superintendent
|
144,842
|
1.2 The above
salaries 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
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.