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Crown Employees (Police Medical Officers - Clinical Forensic Medicine) (State) Award
  
Date08/18/2017
Volume381
Part3
Page No.445
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C8693
CategoryAward
Award Code 499  
Date Posted08/16/2017

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(499)

SERIAL C8693

 

Crown Employees (Police Medical Officers - Clinical Forensic Medicine) (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Salaried Medical Officers' Federation (New South Wales), Industrial Organisation of Employees.

 

(No. 2017/195732)

 

Before Chief Commissioner Kite

7 July 2017

 

AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Definitions

3.         Salaries and Progression

4.         Other Conditions of Employment

5.         Salary Packaging Arrangements, including Salary Sacrifice to Superannuation

6.         Anti-Discrimination

7.         No Further Claims

8.         Grievance and Dispute Settlement Procedure

9.         Redundancy

10.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

PART A

 

1.  Title

 

This award shall be known as the Crown Employees (Police Medical Officers - Clinical Forensic Medicine) (State) Award.

 

2.  Definitions

 

"Award" means the Crown Employees (Police Medical Officers - Clinical Forensic Medicine) (State) Award.

 

"Commissioner" means the Commissioner of Police in New South Wales, or any person duly appointed to act is such position from time to time.

 

"Federation" means the Australian Salaried Medical Officers' Federation (New South Wales).

 

"Head, Clinical Forensic Medicine Section" shall be a person qualified to be a Police (Forensic) Medical Officer appointed on the basis of merit selection on the occurrence of a vacancy as the clinical and administrative Head of the Clinical Forensic Medicine Section.

 

"Higher Qualification" means any such qualification obtained by a Police (Forensic) Medical Officer subsequent to graduation which is recognised as a higher qualification by the employer for the purposes of qualifying an employee for access to the higher qualification allowance applicable under subclause 3.3 of clause 3, Salaries and Progression. This may include:

 

(a)        post-graduate university degrees and diplomas recognised by the Medical Council of New South Wales as qualification; or

 

(b)        membership or fellowship of the Royal College or Royal Australasian College of Physicians; or

 

(c)        such other post-graduate qualification obtained by examination and recognised by the Medical Council of New South Wales, including fellowship of the Royal Australian College of General Practitioners.

 

"NSW Police Force" means New South Wales Police Force established by the Police Act 1990, (NSW).

 

"Police (Forensic) Medical Officer" means a non-executive administrative officer within the terms of the Police Act 1990, who is a person licensed or registered by the Australian Health Practitioner Regulation Agency.

 

"Officer" means a Police (Forensic) Medical Officer, as defined.

 

3.  Salaries and Progression

 

3.1       The salaries set out in Table 1, of Part B of this award shall have effect from the date contained therein.

 

Police (Forensic) Medical Officer, Grade 1 shall be a medical practitioner with a minimum four years post-graduation experience. Such officers shall undertake a training period supervised by a suitable experienced and qualified Police (Forensic) Medical Officer, Grade 3 (or, in the event that no such officers are employed, a Police (Forensic) Medical Officer, Grade 2) until such time as the Police (Forensic) Medical Officer, Grade 1, is accepted as an expert in the practice of Clinical Forensic Medicine. The period of training and supervision will be not less than six months.

 

Police (Forensic) Medical Officer, Grade 2 shall be a medical practitioner accepted as an expert in the practice of Clinical Forensic Medicine.

 

Police (Forensic) Medical Officer, Grade 3 shall be a medical practitioner who has served a minimum of three years as a Police (Forensic) Medical Officer, Grade 2 and who is accepted as an expert in the practice of Clinical Forensic Medicine, and who:

 

(a)        has attained the necessary experience and skills to supervise and train, as appropriate, Police (Forensic) Medical Officer, Grade 1; and

 

(b)        has attained the necessary experience and skills to plan, review and implement training courses, as appropriate, in relevant practice areas including, but not limited to, safe custody care, breath analysis and drugs training.

 

3.2       Nature of Salaries - The parties recognise that the rates of pay prescribed in subclause 3.1 of this clause contain a component which takes into account all the incidents of employment, including the need to be on-call, call-outs, overtime, travelling time and waiting time, and including the expenses incurred in taking telephone calls at the Officer's residence.

 

3.3       Higher Qualification Allowance - The salaries prescribed in subclause 3.1 of this clause for the classifications only of Police (Forensic) Medical Officer, Grade 1, Grade 2 and Grade 3, shall be increased by the amount of $2500 per annum, for any Officer who holds a higher qualification as defined which, in the opinion of the Commissioner of Police, is an appropriate higher qualification with respect to the practice of Clinical Forensic Medicine as carried out in the NSW Police.

 

3.4       Progression - Progression Between Grades- Progression between the grades of Police (Forensic) Medical Officer will be determined by a representative committee comprised of representatives from the following organisations, or their successors from time to time, or class of persons:

 

Two persons representing the Commissioner of Police;

 

Head of the Clinical Forensic Medicine Section;

 

One person from the Institute of Forensic Medicine;

 

One person from the Office of the NSW Director of Public Prosecutions;

 

A Police Prosecutor with a minimum of ten years standing as a Police Prosecutor;

 

One person from the Federation;

 

One person from an Area Health Service.

 

Such progression shall also be subject to the Commissioner certifying that the conduct and services of the officer are satisfactory.

 

3.5       The parties agree that the productivity provisions contained within the document known as the Cooperative Negotiation Agenda which was agreed between the Public Service Association and the Public Employment Office and other employers to the Crown Employees (Public Sector Salaries) Award, shall apply to the parties to this award to the extent reasonably appropriate.

 

4.  Other Conditions of Employment

 

Where this award is silent, the provisions of the Crown Employees (NSW Police Administrative Officers and Temporary Employees Conditions of Employment) Award 2009 as amended from time to time will apply.

 

5.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

(i)         The entitlement to salary package in accordance with this clause is available to:

 

(a)        permanent full-time and part-time officers;

 

(b)        temporary officers, subject to New South Wales Police Force convenience; and

 

(c)        casual officers, subject to New South Wales Police Force convenience, and limited to salary sacrifice to superannuation in accordance with subclause (vii).

 

(ii)        For the purposes of this clause:

 

(a)        "salary" means the salary or rate of pay prescribed for the officer's classification by clause 3, Salaries and Progression, Part B of this Award, and any other payment that can be salary packaged in accordance with Australian taxation law.

 

(b)        "post compulsory deduction salary" means the amount of salary available to be packaged after payroll deductions required by legislation or order have been taken into account. Such payroll deductions may include, but are not limited to, taxes, compulsory superannuation payments, HECS payments, child support payments, and judgement debtor/garnishee orders.

 

(iii)       By mutual agreement with the Commissioner, an officer may elect to package a part or all of their post compulsory deduction salary in order to obtain:

 

(a)        a benefit or benefits selected from those approved by the Commissioner, and

 

(b)        an amount equal to the difference between the officer's salary, and the amount specified by the Commissioner for the benefit provided to or in respect of the officer in accordance with such agreement.

 

(iv)       An election to salary package must be made prior to the commencement of the period of service to which the earnings relate.

 

(v)        The agreement shall be known as a Salary Packaging Agreement.

 

(vi)       Except in accordance with subclause (vii), a Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the officer and the Commissioner at the time of signing the Salary Packaging Agreement.

 

(vii)      Where an officer makes an election to sacrifice a part or all of their post compulsory deduction salary as additional employer superannuation contributions, the officer may elect to have the amount sacrificed:

 

(a)        paid into the superannuation fund established under the First State Superannuation Act 1992; or

 

(b)        where the employer is making compulsory employer superannuation contributions to another complying superannuation fund, paid into the same complying fund; or

 

(c)        subject to New South Wales Police Force agreement, paid into another complying superannuation fund.

 

(viii)     Where the officer makes an election to salary sacrifice, the employer shall pay the amount of post compulsory deduction salary, the subject of election, to the relevant superannuation fund.

 

(ix)       Where the officer makes an election to salary package and where the officer is a member of a superannuation scheme established under the:

 

(a)        Police Regulation (Superannuation) Act 1906;

 

(b)        Superannuation Act 1916;

 

(c)        State Authorities Superannuation Act 1987; or

 

(d)        State Authorities Non-contributory Superannuation Act 1987,

 

New South Wales Police Force must ensure that the officer's superable salary for the purposes of the above Acts, as notified to the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement had not been entered into.

 

(x)        Where the officer makes an election to salary package, and where the officer is a member of a superannuation fund other than a fund established under legislation listed in subclause (ix) of this clause, New South Wales Police Force must continue to base contributions to that fund on the salary payable as if the Salary Packaging Agreement had not been entered into.  This clause applies even though the superannuation contributions made by New South Wales Police Force may be in excess of superannuation guarantee requirements after the salary packaging is implemented.

 

(xi)       Where the officer makes an election to salary package:

 

(a)        subject to Australian Taxation law, the amount of salary packaged will reduce the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

(b)        any allowance, penalty rate, payment for unused leave entitlements, weekly worker's compensation or other payment, other than any payments for leave taken in service, to which an officer is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to the officer's rate of pay, shall be calculated by reference to the rate of pay which would have applied to the officer under clause 3, Salaries and Progression, or Part B of this Award if the Salary Packaging Agreement had not been entered into.

 

(xii)      New South Wales Police Force may vary the range and type of benefits available from time to time following discussion with the Federation. Such variations shall apply to any existing or future Salary Packaging Agreement from date of such variation.

 

(xiii)     New South Wales Police Force will determine from time to time the value of the benefits provided following discussion with the Federation. Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation. In this circumstance, the officer may elect to terminate the Salary Packaging Agreement.

 

6.  Anti-Discrimination

 

6.1       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 responsibility as a carer.

 

6.2       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.

 

6.3       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.

 

6.4       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.

 

6.5       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.

 

7.  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 2018 by a party to this Award.

 

The terms of the preceding paragraph do not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing award provisions.

 

8.  Grievance and Dispute 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 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 Federation 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 HR Manager, Office of the Deputy Commissioner, Specialist Operations, for discussion. 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 Employee Relations Unit of the NSW Police Force who will assume responsibility for liaising with Senior Executive Members of the Service and the Federation 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.

 

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 Employee Relations Unit, 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 - Procedures - In cases where a dispute is premised on an issue of safety, consultation between the Federation and the Industrial Relations Directorate 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.

 

9.  Redundancy

 

The provisions of Premier’s Memorandum 2011/11, as amended from time to time, shall apply.

 

10.  Area, Incidence and Duration

 

10.1     This award rescinds and replaces the Crown Employees (Police Medical Officers - Clinical Forensic Medicine) (State) Award published 14 September 2012 (374 I.G. 954), as varied on 14 July 2016 pursuant to the Award variation process under section 17 of the Industrial Relations Act 1996.

 

10.2     This award shall continue to apply to officers employed within the Clinical Forensic Medicine section of the NSW Police as at 5 August 1996 or to persons who are subsequently employed within the Clinical Forensic Medicine Section. Except where inconsistent with this award, the provisions of any other existing determinations or awards will continue to apply.

 

10.3     This Award will take effect from 1 July 2017. The Award will remain in force for the period to 30 June 2018 or until varied or rescinded in accordance with the provisions of Industrial Relations Act 1996.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Classification

From the First Full

 

Pay Period on or after

 

01/07/2017

 

$

 

2.5%

Police (Forensic) Medical Officer, Grade 1 -

 

4 years, less than 5 years post - graduate experience

123,788

5 years, less than 6 years post - graduate experience

130,186

Police (Forensic) Medical Officer, Grade 2 -

 

1st year

142,999

2nd year

149,395

3rd year and thereafter

155,801

Police (Forensic) Medical Officer, Grade 3 -

 

1st year

168,607

2nd year

177,139

3rd year and thereafter

185,681

Head, Clinical (Forensic) Medicine Section -

 

1st year

198,483

2nd year

202,754

 

 

 

P. KITE, Chief Commissioner

 

 

____________________

 

Printed by the authority of the Industrial Registrar.

 

 

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