Crown
Employees (NSW Police FORCE Communications Officers) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 624 of 2007)
Before The Honourable
Mr Deputy President Harrison
|
31 July 2007
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. No
Further Claims
3. Definitions
4. Salaries
and Incremental Scales
5. Appointments
6. Transitional
Arrangements
7. Future
Adjustments
8. Hours
9. Shift
Rosters
10. Flexible
Rosters
11. Car
Parking - Sydney Police Centre Only
12. Provision
of Taxis
13. Part-time
Employment
14. Special
Operations
15. Recreation
Leave
16. Notice of
Absence
17. Training
and Development
18. Introduction
of New Technology
19. Introduction
of Change
20. Disputes/Grievance
Settlement Procedure
21. Communications
Officers Consultative Committee
22. Deduction
of Union Membership Fees
23. Anti-Discrimination
24. Secure
Employment
25. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
2. No Further Claims
It is a condition of this award that the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales undertakes, for the duration of the life of this award, not to
pursue any extra claims, award or over award, with respect to Communications
Officers.
3. Definitions
"Officer" unless otherwise specified, means and
includes all persons employed by the NSW Police Force who, as of 1 January
1999, were occupying a position of Communications Officer, Senior
Communications Officer, Shift Co-ordinator and Radio and Communications
Operator (as defined) or who, after that date, were appointed to such a position.
"Commissioner" means the Commissioner of Police in
New South Wales or any person acting in such position from time to time.
"NSW Police Force" or “Force” means the NSW Police
Force established by the Police Act 1990.
"Communications Officer" means all officers
employed at dedicated communications centres including those located at Sydney,
Warilla, Newcastle, Wagga Wagga, Tamworth and Penrith, who provide telephone,
radio and other communications services.
"Senior Communications Officer" means any Communications
Officer in receipt of (at least) the fourth year increment of Communications
Officer and who has been selected and appointed to a vacant position of Senior
Communications Officer in accordance with the provisions of subclause 5.6 of
clause 5, Appointments, of this award.
"Shift Co-ordinator" means a person who has been
selected and appointed to a position of Shift Co-ordinator.
"Trainee" refers to those persons undergoing appropriate
training leading to confirmation of appointment as a Communications Officer.
"Radio and Communications Operator" means those
persons who, at 1 January 1999, were classified as Radio and Communications
Operators under the provisions of the Crown Employees (Police Service of New
South Wales Radio and Communications Operators) Award published 14 June 1996
(293 I.G. 233) and who do not meet the competency requirements for progression
to Communications Officer fourth and fifth year.
"Association" means the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales.
"Service" means continuous service. Future appointees shall be deemed to have
the years of service indicated by the rates of pay at which they are appointed.
4. Salaries and
Incremental Scales
For the life of this award, an officer shall be paid,
according to the position held, skills attained and satisfactory years of
service, an annual salary of not less than the amounts set out in Table 1 -
Salaries, of Part B, Monetary Rates, of this award.
5. Appointments
5.1 Officers and
persons applying for positions as Communications Officers shall be required to
successfully complete a Communications Officer training course. The length and content of the training
course shall be as determined from time to time by the Commissioner or
delegate. Alternatively, an officer may
be appointed directly to the position of Communications Officer without having
to complete a Communications Officer training course or may only be required to
complete an abridged training course.
In such cases the Commissioner or delegate shall be satisfied that it is
not necessary for an officer to complete the full Communications Officer’s
training course, having regard to the officer’s prior experience, knowledge and
skills.
5.2 Officers and
persons appointed as Trainee Communications Officers shall be paid the
Trainee’s salary rate, as set out in Table 1 - Salaries, of Part B, Monetary
Rates, until such time as they successfully complete the required
Communications Officer training course.
The maximum period allowed for the completion of the training course
shall be three months unless the Commissioner or delegate is satisfied that, due
to unforeseen circumstances, an extension of the training period beyond three
months is justified. Provided that
officers formerly classified as:
(a) members within
the terms of the Police Act 1990; and/or
(b) officers
within the terms of the Public Sector Employment and Management Act 2002;
and/or
(c) persons with
appropriate communications experience,
shall receive the salary recommended by any selection
committee and agreed to by the Commissioner or his/her delegate until such time
as they successfully complete the required Communications Officer’s training
course for the period and under the conditions described earlier in this
subclause. Provided further that where
officers referred to in paragraphs (a), (b) and (c) of this subclause were formerly
in receipt of a salary which is less than the Trainee’s salary rate, then those
officers shall receive the Trainee’s salary rate for the period and under the
conditions described earlier in this subclause.
5.3 Officers and
persons selected for a position of Communications Officer and who complete the
required Communications Officer course, and thus are eligible for actual
appointment to such a position, will upon such appointment progress to the
first year of the Communications Officer salary scale. Provided that officers and persons covered
under paragraphs (a), (b) and (c) of subclause 5.2 shall be permitted to
incrementally progress to the next increment under the Communications Officer
salary scale at the completion of 12 months service, provided they satisfy any
such other criteria for such progression.
5.4 For the
purpose of incremental progression the increment date for officers in receipt
of the Trainee rate of pay will be the date of progression from the position of
Trainee to a position as a Communications Officer.
5.5 Incremental
progression through each classification covered by this award shall be subject
to the completion of 12 months service on the previous increment and the
Commissioner or delegate being satisfied as to the conduct and service of the
officer. Provided that further incremental progression from Communications
Officer third year to Communications Officer fourth year shall be subject to
the officer:
(a) participating
in the competency based training of newly appointed Trainees and Communications
Officers; and
(b) participating
in any training required for personal professional development and for the
training of newly appointed Trainees and Communications Officers; and
(c) being prepared
to relieve in Senior Communications Officer positions as required; and
(d) having
completed a minimum of two years service as a Communications Officer; and
(e) satisfying the
Commissioner or his/her delegate that the value of the work performed, the
results achieved and the manner in which the duties are performed warrant such
progression.
5.6 Appointment of
persons to a position of Senior Communications Officer shall be subject to the
occurrence of a vacancy and selection under the principles of merit based
promotion. Persons eligible for
appointment as a Senior Communications Officer shall be limited to:
(a) Communications
Officers who have at least attained the fourth year increment and have
completed the Senior Communications Officer training course; or
(b) Officers
employed under the Police Act 1990 or the Public Sector Employment
and Management Act 2002 who, in the opinion of the Commissioner or
his/her delegate, possess skills and qualifications equivalent to those in
paragraph (a) of this subclause.
5.7 Promotion to
Shift Co-ordinator shall be by way of merit selection on the occurrence of a
vacancy.
6. Transitional
Arrangements
The following transitional arrangements shall apply to
officers employed as Radio and Communications Operators under the provisions of
the former Crown Employees (Police Service of New South Wales Radio and
Communications Operators) Award as at 1 January 1999.
6.1 Officers
classified as Radio and Communications Operators first to third year shall be
reclassified as Communications Officers.
6.2 The officers referred
to in subclause 6.1 of this clause shall retain the same increment level and
date in the new salary/classification scale.
6.3 Officers
classified as Radio and Communications Operators fourth and fifth year shall be
reclassified as Communications Officers provided they meet the competency
requirements for progression to Communications Officer fourth and fifth year as
prescribed by subclause 5.5 of clause 5, Appointments.
6.4 The officers
referred to in subclause 6.3 shall retain the same increment date and level in
the new salary/classification scale.
6.5 Officers
classified as Radio and Communications Operators who do not meet the
competencies required for progression to Communications Officer fourth and
fifth year shall be entitled to receive the salaries, and progress
incrementally, in accordance with the salaries prescribed for Radio and
Communications Operator in Table 1 - Salaries, of Part B, Monetary Rates, of
this award.
6.6 Where officers
referred to in subclause 6.5 of this clause subsequently attain the
competencies required for progression to Communications Officer fourth and
fifth year, they shall be reclassified in accordance with the provisions of
subclauses 6.3 and 6.4. For the purpose
of this subclause the date of reclassification shall be the date of attainment
of the requisite competencies, as certified by the Commissioner or his/her
delegate.
7. Future Adjustments
The parties recognise that the salaries prescribed in Table
1 - Salaries, of Part B, Monetary Rates, establish a salary structure for
Communications Officers.
The salary rates in Table 1 - Salaries are set in accordance
with the Crown Employees (Public Sector - Salaries 2007) Award and any
replacement award.
8. Hours
Hours of work shall be an average of 35 per week.
9. Shift Rosters
Except as provided in clause 10, Flexible Rosters, shifts
shall generally be of eight hours duration (seven hours duty plus one hour meal
break). Where agreement is reached
between the relevant Commander and officers at a particular location the meal
break may be reduced from one hour to a minimum of 30 minutes. Subject to proper consultation, the starting
and finishing times of shifts and the method of shift rostering may be varied.
10. Flexible Rosters
Notwithstanding clause 9, Shift Rosters, the parties agree
that where 65 per cent of officers at a particular location and the relevant
Centre Manager agree, flexible rosters may be introduced. This may involve changes to the current
shift lengths, the starting and finishing times of shifts and/or the current
rosters.
The conditions of flexible rostering shall be as agreed
between the parties, but shall, to the greatest extent possible, reflect the
terms and conditions of the flexible rostering provisions as applied to
non-commissioned police officers.
Provided that shifts shall not be less than five hours duty
or greater than 12 hours duty plus a meal break.
Provided further that there shall be a minimum of eight
hours free of duty between rostered shifts.
This requirement shall not apply on shift changeover days. However, on such days the maximum break
possible will be granted.
11. Car Parking -
Sydney Police Centre Only
Every effort will be made to provide car parking facilities
for officers commencing a rostered shift at or after 6.00 p.m. and before 11.00
p.m. and for employees finishing a rostered shift after 11.00 p.m. and before
6.00 a.m.
12. Provision of
Taxis
12.1 Cabcharge dockets will be available to officers on the same
basis as outlined in clause 98, Provision of Transport in Conjunction with
Working of Overtime, of the Crown Employees (NSW Police Administrative Officers
and Temporary Employees Conditions of Employment) Award 2006.
12.2 Additionally,
and to facilitate the progressive build-up and/or reduction of staffing levels
to meet workload variations, officers whose rostered shifts commence after
11.00 p.m. and before 7.00 a.m. or whose rostered shifts finish after 11.00
p.m. and before 7.00 a.m. may, where circumstances are such as to warrant such
provisions, be provided with a cabcharge docket for the journey to or from work
and their usual residence.
12.3 Subject to
their direction of travel, two or more officers may be required to share a
taxicab when travelling to and/or from work.
12.4 The provision
of taxi transport is only to apply to shift workers who normally use public
transport for travel to and from work.
Accordingly, at some locations where public transport is not normally
available, there will not be any scope for taxi transport to be provided and
officers will be fully responsible for transporting themselves to and from
work.
12.5 The parties
recognise that the purpose of the provision of taxi transport is to ensure the
safety of officers where public transport which is normally available for use
is either not available or is not reasonably available and to facilitate the
working of unusual shifts.
13. Part-Time
Employment
13.1 The parties
agree that permanent part-time work may be implemented under the guidelines
issued by the Director of Public Employment.
13.2 The parties
further agree that part-time Communications Officers may be engaged on the
proviso that any officers so engaged are fully trained and accredited.
13.3 The employment
of existing full-time Communications Officers will not be prejudiced by the
employment of any part-time Communications Officer.
14. Special
Operations
Communications Officers may be utilised on special
operations, mobile field radios, etc., as circumstances require.
15. Recreation Leave
As a general principle, recreation leave including
additional leave will be applied for in advance. Officers may apply in advance for leave of a lesser period than a
week. Such applications may be
approved at the discretion of the officer in charge.
16. Notice of Absence
The parties recognise the inevitability of an officer’s
occasional inability to attend for duty at short notice. The parties recognise
further that any such occurrence will be beyond the control of the officer
concerned.
In the interest of efficiency and in
recognition of the integrity of officers, as much notice as possible will be
given by officers of any inability to attend for duty, consistent with clause
17, Notification of Absence from Duty, of the Crown Employees (NSW Police
Administrative Officers and Temporary Employees Conditions of Employment) Award
2006.
17. Training and
Development
The NSW Police Force will provide comprehensive training programs
for Communications Officers and for those occupying promotional positions.
All officers will be actively encouraged to participate in
other staff development courses to enhance their own development and individual
competencies.
18. Introduction of
New Technology
The parties agree to co-operate fully in the implementation
and/or trialling of new technology which may become available to facilitate the
work of Communications Officers.
19. Introduction of
Change
The parties agree to co-operate fully through the
Communications Officers’ Consultative Committee in the implementation and/or
trialling of change in respect of the employment or organisation of
Communications Officers with the objective of ensuring the most efficient,
effective and productive use of resources.
20.
Disputes/Grievance Settlement Procedure
The resolution of or settlement of disputes and/or
individual grievances of officers arising throughout the life of this award
shall be dealt with in the manner prescribed hereunder:
(i) Where a
dispute/grievance arises at a particular work location, discussions including
the remedy sought shall be held as soon as possible, and in any event within
two working days of such notification, between the officer(s) concerned and the
immediate supervising officer, or other appropriate officer in the case of a
grievance.
(ii) Failing
resolution of the issue, further discussions shall take place as soon as
possible, and in any event within two working days of such failure, between the
individual officer(s) and at their request the local Association delegate or
workplace representative and the relevant Commander.
(iii) If the
dispute/grievance remains unresolved the officer(s) local delegate or workplace
representative or the relevant Commander may refer the matter to the State
Manager, Communications Group for discussion with the Association. Those discussions should take place as soon
as possible and in any event within two working days of such referral.
(iv) If the dispute
is not resolved at that stage the matter is to be referred to the Industrial
Relations Branch of the NSW Police Force who will assume responsibility for
liaising with senior executive members of the Force and the Association and
advise of the final position of the Commissioner of Police, including reasons
for not implementing the remedy sought.
(v) During the
process outlined above, the status quo will be maintained.
(vi) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act 1977) that makes it impractical for the officer to
advise their immediate supervising officer the notification may occur to the next
appropriate level of management, including where required, to the Commissioner
of Police or delegate.
The matter will only be referred to the Industrial
Relations Commission of New South Wales if -
(a) the final
decision of the Commissioner of Police does not resolve the dispute/grievance;
or
(b) the final
position of the Commissioner of Police is not given within five working days
from the date of referral of the matter to the Industrial Relations Branch, or
other agreed time frame.
At no stage during a dispute that specifically relates
to this award may any stoppage of work occur or any form of ban or limitation
be imposed.
Safety Issues - Procedure - In cases where a dispute is
premised on an issue of safety, consultation between the Association and the
Industrial Relations Branch should be expedited. The status quo shall remain until such matter is resolved.
General - The whole concept of a dispute settlement
procedure is to resolve disputation at the level as close as possible to the
source of disputation.
This procedure has been adopted to promote full and
open consultation at each step of the process in an effort to promote and
preserve harmonious industrial relations.
Throughout each stage parties involved should ensure
that the relevant facts are clearly identified and documented and that the
procedures are followed promptly.
21. Communications
Officers Consultative Committee
It is intended for the purpose of this award to establish a forum
within which matters concerning the formation of policy and procedures may be
addressed.
The parties agree that members of the Committee should
include representatives from the Communications Group Command, Country
Communications Centre Management, a representative of the Association and up to
four delegates including two country delegates.
This Committee shall meet on a needs basis within one week
at the request of either party, or other agreed time frame.
22. Deduction of
Union Membership Fees
(i) The
Association shall provide the employer with a schedule setting out Association
fortnightly membership fees payable by members of the Association in accordance
with the Association’s rules.
(ii) The
Association shall advise the employer of any change to the amount of
fortnightly membership fees made under its rules. Any variation to the schedule of Association fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
(iii) Subject to
(i) and (ii) above, the employer shall deduct Association fortnightly
membership fees from the pay of any employee who is a member of the Association
in accordance with the Association’s rules, provided that the employee has
authorised the employer to make such deductions.
(iv) Monies so
deducted from the employee’s pay shall be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to employees’ Association membership
accounts.
(v) Unless other
arrangements are agreed to by the employer and the Association, all Association
membership fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of Association membership fees
from his or her pay prior to this clause taking effect, nothing in this clause
shall be read as requiring the employee to make a fresh authorisation in order
for such deduction to continue.
23.
Anti-Discrimination
(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.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing
junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to 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.
(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 the 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."
24. Secure Employment
(a) Occupational
Health and Safety
(i) For the purposes
of this subclause, the following definitions shall apply:
(1) A “labour hire
business” is a business (whether an organisation, business enterprise, company,
partnership, co-operative, sole trader, family trust or unit trust, corporation
and/or person) which has as its business function, or one of its business
functions, to supply staff employed or engaged by it to another employer for
the purpose of such staff performing work or services for that other employer.
(2) A “contract
business” is a business (whether an organisation, business enterprise, company,
partnership, co-operative, sole trader, family trust or unit trust, corporation
and/or person) which is contracted by another employer to provide a specified
service or services or to produce a specific outcome or result for that other
employer which might otherwise have been carried out by that other employer’s
own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health and
safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (a) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(b) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the
application or implementation of this clause, the matter shall be dealt with
pursuant to the disputes settlement procedure of this award.
(c) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
25. Area, Incidence
and Duration
This award shall apply to Communications Officers employed
by the NSW Police Force. Except where
inconsistent with this award the provisions of
the Crown Employees (NSW Police Administrative Officers and Temporary
Employees Conditions of Employment) Award will apply.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Reviewed
award Crown Employees (NSW Police Communications Officers) Award published 21
May 2004 (344 I.G. 537) and all variations thereof.
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 31 July 2007.
The award takes remains in force until varied or rescinded,
the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Effective from the
beginning of the first pay period to commence on or after 1.7.07
Classification
|
Per Annum
|
|
$
|
Communications Officer
|
|
Trainee
|
41,912
|
1st year
|
43,903
|
2nd year
|
46,320
|
3 rd year
|
47,682
|
4th year
|
50,356
|
5th year
|
51,784
|
|
|
Senior Communication Officer
|
|
1st year
|
55,010
|
2nd year
|
56,701
|
|
|
Shift Co-ordinators
|
|
1st year
|
61,128
|
2nd year
|
63,056
|
3rd year
|
65,527
|
4th year
|
67,448
|
|
|
Radio and Communications Operators
|
|
4th year
|
49,012
|
5th year
|
50,356
|
R.
W. HARRISON D.P.
____________________
Printed by the
authority of the Industrial Registrar.