Crown Employees (Correctional Officers, Corrective
Services NSW) Award for Kempsey, Dillwynia, Wellington and John Morony
Correctional Centres
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 100988 of 2021)
Before Commissioner Sloan
|
25 October 2021
|
REVIEWED
AWARD
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. Shiftwork
8. Rostered
Day Off
9. Shift
Handover
10. Single Rate
for Additional Hours
11. Ranking
Structure
12. Allowances
13. Recreation
Leave
14. Annual
Leave Loading
15. Allowance
for Temporary Assignments
16. Performance
Management
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 and Legal Fees
25. Grievance
and Dispute Resolution Procedures
26. No Further
Claims
27. General
28. Savings of
Rights
29. Area,
Incidence and Duration
PART B
Schedule 1 - Salaries and Incidental Allowances
Schedule 2 - Other Allowances
2. Title
This Award is to be known as the Crown Employees
(Correctional Officers, Corrective Services NSW) Award for Kempsey, Dillwynia, Wellington and John Morony
Correctional Centres.
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, or any replacement Act.
"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 Communities and Justice.
"Day Worker" means an officer, other than a shift
worker, who works the ordinary hours from Monday to Friday inclusive between
the hours of 6.00 am and 6.00 pm.
"Corrective Services NSW CSNSW" means a division
within the Department of Communities and Justice.
"Conditions Award" means the Crown Employees
(Public Service Conditions of Employment) Award 2009 as varied or its
replacement.
"Officer" means and includes all adult persons (as
defined by the Act), employed on an ongoing, temporary
or casual basis, who is assigned to one of the roles covered by this Award
"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 Public Service
Industrial Relations Guide published by the Public Sector Industrial Relations
Secretary, as updated from to time
"Regulation" means the Government Sector Employment Regulation 2014.
"Shift Worker - Continuous Shifts" means an
officer engaged in work carried out in continuous shifts throughout the 24
hours of at least six consecutive days without interruption except during meal
breaks or due to unavoidable causes beyond the control of the Commissioner.
"Shift Worker - Non-continuous Shifts" means an
officer who is not a day worker or a shift worker - continuous shifts.
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,
will continue to apply:
Crown Employees (Correctional Officers, Department of
Justice - Corrective Services NSW) Award
Crown Employees (Public Service Conditions of
Employment) Award 2009
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 will be
determined by the provisions of the Act, the Regulation, and the New South
Wales Public Service Personnel Handbook, or its replacement.
5. Principles of
Understanding
5.1 The parties
acknowledge that this Award has been entered into on the
basis of a mutual commitment to operate cost efficient and commercially
competitive Correctional Centre administration based on modern correctional
practices. In meeting this commitment,
the Award provides the terms and conditions of custodial and industrial
officers working in roles at Kempsey, Dillwynia, Wellington
and John Morony Correctional Centres which are aimed
at increasing productivity and flexibility in the conduct of these Centres’
operations.
5.2 The parties are
committed to implement changes to rostering practices and procedures through
the promulgation of a 12-week roster comprising three roster cycles and with
the preparation of rosters to be undertaken from a centralised location under
the control of the Division Head or delegate.
5.3 The parties
agree that there will be an amicable settlement of disputes through the
establishment of effective consultative mechanisms and a joint commitment to
closely adhere to the grievance and dispute settlement procedures contained in
this Award.
6. Hours of Work
6.1 The ordinary
hours of employment for day workers will be an average of 38 per week in each
roster cycle to be worked Monday to Friday inclusive, provided that, by
agreement between the parties, ordinary hours up to a maximum of 12 hours per
day may be rostered without the payment of additional hours as prescribed in
clause 10 of this Award. Meal allowances
are not applicable.
6.2 The ordinary
hours of employment for shift workers will be an average of 38 hours per week
in each roster cycle, provided that, by agreement between the parties, ordinary
hours up to a maximum of 12 hours per day may be rostered without the payment
of additional hours as prescribed in clause 10 of this Award. Meal allowances are not applicable.
6.3 Time taken in
partaking of meals will not count as working time unless such meal is taken as
a crib break.
6.4 A crib break is
an entitlement to a paid break of 20 minutes to be taken between the third and
fifth hour after the commencement of a shift. The break is to be taken away
from the direct work location wherever possible (but still within the
correctional centre or work location, but away from inmates) with officers
being available to respond to any situation should they be required during this
break.
6.5 If a crib break
referred to in subclause 6.4 is not able to be taken, a Crib Break Penalty may
be applicable as set out in clause 12, Meals of this Award.
7. Shift Work
7.1 For the purpose
of this clause:
Early morning shift means any shift commencing before
6.00 am.
Afternoon shift means any shift finishing after 6.00 pm
and at or before midnight.
Night shift means any shift finishing subsequent to midnight and at or before 8.00 am.
7.2 Officers up to
and including the ranks of Senior Correctional Officer and Senior Overseer
classified as shift workers are to be paid the following allowances other than
at weekends or on public holidays:
|
Percentage
|
|
|
Early morning shift
|
10%
|
Afternoon
|
15%
|
Night Shift
|
17 ½ %
|
7.3 In the event
that an officer is rostered on for duty during the Daylight Savings changeover,
the officer will receive payment for a standard shift only, i.e.
eight hours plus shift allowance if entitled; irrespective of whether the hours
worked are seven or nine. An officer working additional hours during the
Daylight Savings changeover, will receive payment if entitled under clause 10,
based on the actual hours worked i.e. either 7 or 9
hours depending on whether it is the start or finish of daylight saving.
7.4 Officers up to
and including the ranks of Senior Correctional Officer or Senior Overseer
engaged as continuous shift workers under the Award and who are regularly
required to perform rostered duty on Saturdays, Sundays and Public Holidays
will receive the following compensation and be subject to the following
conditions:
7.4.1 For ordinary
rostered time worked on a Saturday - additional payment at the rate of half
time extra.
7.4.2 For ordinary
rostered time worked on a Sunday - additional payment at the rate of three quarter time extra.
7.4.3 When rostered off
on a public holiday - no additional compensation or payment.
7.4.4 When rostered on
a public holiday and work performed - additional payment at the rate of half
time extra.
7.4.5 Additional
payment on the following basis:
Number of ordinary
shifts worked on Sundays and/or public holidays during a qualifying period of
12 months from 1 December one year to30 November the
next year
|
Additional Payment
|
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
|
7.4.6 Officers above
the ranks of Senior Correctional Officer or Senior Overseer engaged as a shift
worker receive an annualised salary and therefore are only entitled to the
additional payment in paragraph 7.4.5.
7.5 The additional
payment will be made after 1 December in each year for the preceding 12 months,
provided that:
7.5.1 Where the
employment of an officer is terminated, or the officer resigns or retires, the
officer is entitled to be paid the additional payment that may have accrued
under this paragraph from the preceding 1 December until the date of
termination, resignation or retirement.
7.5.2 Payment will be
made at the rate applying as at 1 December each year,
or at the date of termination, resignation or retirement.
8. Rostered Day Off
8.1 This clause does
not apply to officers above the rank of Senior Correctional Officer or Senior
Overseer.
8.2 The hours of
work prescribed in subclauses 6.1 and 6.2 above will be worked on the basis of
a rostered day off in each 20 working days of a 28 day
roster cycle. Each full-time officer is
to accrue 0.4 of an hour each eight-hour day towards
having the 20th day off with pay.
8.3 An officer's
rostered day off will be determined by CSNSW having regard to the needs of the
establishment or other sections. Where
practicable, a rostered day off will be consecutive with other days off.
8.4 Once set, the
rostered day off may not be changed in a current roster cycle unless there are
agreed unforeseen circumstances prevailing or for other agreed purposes. Where such circumstances exist and the
rostered day off is changed, another day will be substituted in the current
roster cycle. Should this not be
practicable, the rostered day off must be given and taken in the roster cycle
immediately following.
8.5 The maximum
number of rostered days off prescribed in subclause 8.2 above is to be 12 days
per annum. There must be no accrual of a
rostered day off during the first four weeks of recreation leave.
8.6 All other paid
leave will contribute towards the accrual of rostered days off except where
paid workers' compensation and extended leave is current throughout the roster
cycle. Where an officer's rostered day
off duty falls during a period of sick leave, the officer’s available sick
leave will not be debited for that day.
8.7 An officer may
elect to receive payment in lieu of all rostered days off on an annual basis or
may elect to have a rostered day off each roster cycle as prescribed in this
Award.
8.8 Annual payment
in lieu of all rostered days off will be made on the first pay day commencing
on or after 1 December each year. Pro
rata payments can only be made for the year an officer commences duty at
Kempsey, Dillwynia, Wellington or John Morony Correctional Centres.
8.9 Officers must
make their election in writing at the commencement of each annual period. If no
election is made for whatever reason, the default entitlement that will be
applied is for the officer to take a rostered day off each roster cycle.
8.10 Payment will be
made at the rate of salary applying as at 1 December
each year; or for pro rata payments, at the rate of salary as at the date an
officer commences duty at Kempsey, Dillwynia, Wellington and John Morony Correctional Centres.
9. Shift Handover
9.1 The salaries
paid to officers covered under this Award and the application of a 38-hour week
recognise that additional time may be involved for an officer at the time of
shift handover in:
(a) briefing
incoming officers;
(b) incoming
officers parading prior to relieving security posts, etc.;
(c) undertaking a
weapons safety check in the presence of the incoming and outgoing officer.
9.2 No additional
payment are to be paid for this work.
10. Single Rate for
Additional Hours
10.1 Officers who work
additional hours beyond a standard 8 or 12-hour shift, or in
excess of 152 hours per roster cycle are to be paid at a single rate of
$51.88 per hour for all additional time worked.
10.2 No payment or
other compensation for additional hours is to be paid to officers above the
rank of Senior Correctional Officer or Senior Overseer, except in cases of emergency.
10.3 For the purposes
of this Award, emergencies are classed as situations such as riot, fire or hostage.
10.4 The rate
prescribed in sub-clause 10.1 of this award will be subject to any variation
made in accordance with clause 28, Savings of Rights, of this award.
11. Ranking Structure
11.1 Custodial
Officers:
General Manager
Manager Security
Principal Correctional Officer
Chief Correctional Officer
Senior Correctional Officer
Correctional Officer 1st Class Year 2
Correctional Officer 1st Class Year 1
Correctional Officer Year 2
Correctional Officer Year 1
Correctional Officer Probationary
Correctional Officer (Training)
11.2 Industrial
Officers:
Principal Industry Officer Level 1
Principal Industry Officer Level 2
Chief Industry Officer
Senior Overseer
Overseer
12. Allowances
12.1 Hosiery
An allowance is payable 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 Schedule 2 - Other Allowances, of Part
B.
12.2 Meals
12.2.1 Members of staff
are not entitled to meal monies except when working additional hours, where
payment will be made in accordance with clause 94, Overtime Meal Allowance of
the Crown Employees (Public Service Conditions of Employment) Award 2009 or its
replacement.
12.2.2 Payment of an
allowance at the rate equivalent to the dinner rate provided in Clause 94,
Overtime Meal Allowance, of the Crown Employees (Public Service Conditions of
Employment) Award 2009 or its replacement will be made to members of staff
working double shifts.
12.2.3 A Member of Staff
performing Authorised External Escorts who is unable to take a twenty (20)
minute paid crib break away from the supervision of inmates between the third
and fifth hour from the commencement of a shift will be paid an allowance -
called a Crib Break Penalty.
12.2.3.1 For
"A" watch an amount equivalent to the rate for lunch money for
overtime under the Crown Employees (Public Service Conditions of Employment)
Award 2009 or its replacement.
12.2.3.2 For
"C" watch an amount equivalent to the rate for dinner money for
overtime under the Crown Employees (Public Service Conditions of Employment)
Award 2009 or its replacement.
12.2.3.3 For
"B" watch an amount equivalent to the rate for breakfast money for
overtime under the Crown Employees (Public Service Conditions of Employment)
Award 2009 or its replacement.
12.2.4 For the purpose of
this clause:
"Authorised External Escort" includes but is
not limited to medical/hospital escorts, funeral escorts, officer escorts and
Court Escort & Security Unit (CESU) officer. It does not include escorting
and/or supervising inmates or offenders on Mobile Outreach Programs, Community
Partnership Programs or in the community setting.
"Member of Staff" means an officer, a
temporary employee or a casual employee as defined in the Government Sector Employment Act 2013.
12.2.5 The Crib Break
Penalty set out in paragraph 12.2.3 above is in lieu of overtime.
13. Recreation Leave
13.1 Officers are
entitled to Recreation Leave as follows:
(a) Officers
engaged as day workers are entitled to recreation leave in accordance with the
provisions of the Recreation Leave clause of the Conditions Award or any
replacement, that is, four weeks' paid leave for each completed year of
service.
(b) Officers engaged
as shift workers who are regularly required to perform rostered duty on Sundays
and Public Holidays are entitled to six weeks' recreation leave inclusive of
public holidays and further compensation in accordance with the provisions of
subclause 7.4 of this Award.
(c) At least two
consecutive weeks of recreation leave must be taken by officers every 12
months, except by written agreement with the Division Head or delegate in
special circumstances.
(d) Shift workers
may elect to receive payment in lieu for 10 days of
their yearly recreation leave entitlement. The additional payment will be made
on the commencement of the mandatory two consecutive weeks' recreation leave
referred to in paragraph (c) above.
(e) Permanent
Part-time Officers are 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 The Annual Leave
Loading payable to all officers up to and including the rank of Senior
Correctional Officer or Senior Overseer, employed as shift workers will be 20%
in lieu of all other entitlements under this heading.
14.2 Annual Leave
Loading payable to day workers will be paid in accordance with the provisions
of the Annual Leave Loading clause of the Conditions Award.
15. Allowance for
Temporary Assignments
15.1 Subject to this
clause, an officer who is required to perform duties in a higher role from time
to time will, provided the officer performs the whole of the duties and assumes
the whole of the responsibilities of the higher role be paid an allowance at
the difference between the officer’s present remuneration, and the salary and
allowance, where applicable, prescribed for the higher role
15.2 This higher duties allowance is to be paid on a daily basis.
16. Performance
Management
16.1 CSNSW’s
Performance Management System will be used as a process of identifying, evaluating and developing the work performance of all
officers. This will ensure CSNSW meets its corporate objectives and, at the
same time, will benefit officers by way of providing information, establishing
agreed targets, providing performance feedback and
enhancing rapport with supervisors.
16.2 Officers
occupying roles of General Manager, Manager Security, Principal Correctional
Officer, Chief Correctional Officer, Principal Industry Officer and Chief
Industry Officer must enter into a performance agreement with CSNSW.
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 must be acceptable to both CSNSW and the officer and will be in
accordance with the provisions of the Industrial
Relations Act 1996 and the Flexible Work Practices Policy and Guidelines
issued by the then Public Employment Office in October 1995.
18. Professional
Conduct
18.1 Corporate Plan
Officers will be committed to personal conduct and
service delivery in accordance with the principles, mission and corporate
objectives as expressed in the CSNSW Corporate Plan.
18.2 Officers will
perform their duties diligently, impartially and
conscientiously to the best of their ability.
All officers will be professional in their conduct with the public,
other staff and inmates.
18.3 Dress Policy
Officers must comply with the requirements of the CSNSW
Dress Policy and associated orders as published in the CSNSW Dress Manual; will
ensure their dress and grooming is of the highest standard; and will wear and
display CSNSW name tags on a voluntary basis except in areas where there is
contact with the public, such as Visits, Gates and
Reception Areas.
18.4 Officers are
expected to have a thorough knowledge of and practise Case Management
Principles, as defined by CSNSW’s policy and procedures, and will diligently
perform the duties required to implement them.
All officers will participate in Case Management.
19. Equality of
Employment and Elimination of Discrimination
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. The effect of harassment is to offend, annoy
or intimidate another person and to make the workplace uncomfortable and
unpleasant.
Harassing behaviour is unacceptable and disruptive to
the well-being of individuals and workplace productivity.
20.2 Harassment on any
grounds including, but not limited to, sex, race, marital status, physical
impairment, sexual preference, HIV/AIDS or age will
not be condoned by CSNSW or the Association.
20.3 Supervising
Officers at all levels will 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.
20.4 All officers are
required to refrain from perpetuating, or being party to, any form of
harassment.
21.
Anti-Discrimination
21.1 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.
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 victimise 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:
(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.
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.
Notes:
(a) CSNSW and its
officers 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.
22. Work Health and
Safety
22.1 At all times
management and officers will comply with the Work Health and Safety Act 2011.
22.2 The parties are
committed to maintaining an accident-free and healthy workplace through:
(a) Implementation
of appropriate health and safety procedures.
(b) Appropriate
management and risk assessment practices.
(c) The active and
constructive involvement of all officers in promoting improvements to
occupational health, safety and officer welfare.
(d) Management and
employee participation on Health and Safety Committees.
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 guidelines.
23.2 Consultative
Committee
The parties are prepared to discuss all matters raised
which are designed to increase flexibility and enhance the smooth running of
the correctional centres. A consultative committee will be established in each
correctional centre consisting of management and Association
representatives. This committee will
meet on a regular basis to discuss any matter relevant to the operation of this
Award or any other matter considered relevant to the maintenance and
improvement of employee relations between the parties during the terms of this
Award, and thereafter.
23.3 Local Management
Board
A Local Management Board must be established at each
correctional centre to provide advice regarding the operation and routines of
the correctional centre. Elected representatives of the Prison Officers
Vocational Branch of the Association will be allocated two positions on this
Local Management Board.
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 The General
Manager or supervising officer may direct an officer to carry out such duties
and use tools and equipment as may be required, provided that the officer has
been properly trained in those duties and in the use of the tools and
equipment.
23.6 Any direction
made pursuant to this clause must be consistent with the correctional 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 and Legal Fees
24.1 The Association
will provide CSNSW with a schedule setting out the Association’s fortnightly
membership and legal fund fees payable by members of the Association in
accordance with the Association rules.
24.2 The Association
will advise CSNSW of any change to the amount of fortnightly membership and
legal fund fees made under its rules. Any variation to the schedule of the
Association’s fortnightly membership and legal fund fees are to be provided to
CSNSW at least 28 days in advance of the variation taking effect.
24.3 Subject to the
above clauses, CSNSW will deduct the Association’s fortnightly membership and
legal fund fees from the pay of any officer who is an Association member in
accordance with the Association’s rules, provided the officer has authorised
CSNSW to make such deductions.
24.4 Monies so
deducted from the officer’s pay will be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to the officer’s membership accounts.
24.5 Unless other
arrangements are agreed to by CSNSW and the Association, all Association
membership and legal fund fees will 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 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.
25.3 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 will continue
to work normally as these procedures are being followed. No party will be prejudiced as to final
settlement by the continuance of work in accordance with these procedures.
25.5 Where a matter
does not fall within the definition of a grievance, it will be regarded as a
dispute and is to 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.
25.6 Continuance of
Work
While the parties are attempting to resolve the matter,
the parties must continue to work in accordance with this Award and their
contract of employment unless the officer 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 officer has a
reasonable concern about an imminent risk to his or her health or safety, the
officer 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 officer to perform.
26. No Further Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public
Sector Conditions of Employment) Regulation 2014, there shall be no further
claims/demands or proceedings instituted before the NSW Industrial Relations
Commission for extra or reduced wages, salaries, rates of pay, allowances or
conditions of employment with respect to the employees covered by the Award
that take effect prior to 30 June 2016 by a party to this Award.
27. General
Nothing in this Award will be construed as restricting
the Division Head or delegate to alter the duties of any roles or to abolish
any roles covered by this Award in consultation with the Association.
28. Savings of Rights
Should there be a variation to the Crown Employees
(Public Sector - Salaries 2021) Award, or an award replacing it, during the
term of this Award, by way of salary increase, this Award will be varied to
give effect to any such increase.
29. Area, Incidence
and Duration
29.1 This Award will
apply to all officers as defined in clause 11, Ranking Structure, of this Award
at Kempsey, Dillwynia, Wellington and John Morony Correctional Centres.
29.2 This award
rescinds and replaces the Crown Employees (Correctional Officers, Department of
Attorney General and Justice - Corrective Services NSW) Award 2007 for Kempsey,
Dillwyina and Wellington Correctional Centres
published 28 November 2018 (383 I.G. 664).
29.3 This Award will
take effect on and from 25 October 2021 until varied or rescinded.
Part B
SCHEDULE 1
Salaries and Incidental Allowances
1. Annualised
Salary Package
Title
|
Salary
|
|
$
|
General Manager
|
203,122
|
Manager Security
|
171,361
|
Principal Correctional Officer
|
132,401
|
Chief Correctional Officer
|
123,933
|
1.1 The above
salaries are annualised and include compensation for overtime, penalty rates,
incidental allowances, shift allowances and 10 Rostered Days Off per annum.
1.2 Officers on an
annualised salary package are entitled to take the equivalent of a rostered day
off in each of the consecutive roster cycles falling in December and January of
each year.
1.3 Officers working
under this arrangement will work 20 days in each 28-day roster cycles for 10
roster cycles; and 19 days in two 28-day roster cycles
for two roster cycles only. For the 13th
roster cycle, the provisions of subclause 8.5 of this Award will apply.
2. Custodial
Officers
Title
|
Salary
|
Incidental
Allowance
|
|
$
|
$
|
Senior Correctional Officer
|
82,690
|
5407.00
|
Correctional Officer 1st Class Year 2
|
77,979
|
3244.00
|
Correctional Officer 1st Class Year 1
|
72,077
|
3244.00
|
Correctional Officer Year 2
|
68,246
|
2169.00
|
Correctional Officer Year 1
|
66,995
|
1624.00
|
Correctional Officer Probationary
|
65,793
|
1082.00
|
Correctional Officer (Training)
|
65,793
|
(no
allowance)
|
3. Industrial
Officers
3.1
Title
|
Annualised Salary
|
|
$
|
Principal Industry Officer Level 1
|
138,067
|
Principal Industry Officer Level 2
|
131,401
|
Chief Industry Officer
|
125,159
|
3.1.1 The above
salaries are annualised and include compensation for overtime, penalty rates,
incidental allowances, shift allowances and 10 Rostered Days Off per annum.
3.1.2 Industrial
Officers on an annualised salary package are entitled to take the equivalent of
a rostered day off in each of the consecutive roster cycles falling in December
and January of each year.
3.1.3 Officers working
under this arrangement will work 20 days in each 28-day roster cycle for 10
roster cycles; and 19 days in two 28-day roster cycles
for two roster cycles only. For the 13th roster cycle, the provisions of
subclause 8.5 of this Award will apply.
3.2
Title
|
Salary
|
Incidental
Allowance
|
|
$
|
$
|
Senior Overseer
|
91,964
|
5407.00
|
Overseer
|
82,690
|
3244.00
|
SCHEDULE 2
Other Allowances
1.1
Hosiery
|
$240.00 per annum
|
Subclause 12.1
|
D. SLOAN, Commissioner
____________________