Crown
Employees (General Managers, Superintendents, Managers Security and Deputy
Superintendents, Department of Corrective Services) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 714 of 2008)
|
Before Commissioner
Ritchie
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4 May 2009
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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. Recreation
Leave
13. Annual
Leave Loading
14. Leave
Entitlements
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. Occupational
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. Transitional
Arrangements
31. Area, Incidence
and Duration
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 Corrective Services) Award 2009.
3. Definitions
In this Award, unless the content or subject matter
otherwise indicates, the following definitions apply:
"Act" means the Public Sector Employment and
Management Act 2002.
"Assistant Commissioner" means the person
occupying or acting in the position of Assistant Commissioner.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Award" means this Award.
"Commissioner" means the Chief Executive Officer
of the Department as listed in Column 2 of Schedule 1 of the Act.
"Conditions Award" means the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006 published 10
March (357 IG 1108) as varied, or its replacement.
"Department " means the Department of Corrective
Services as listed in Column 1 of Schedule 1 of the Act.
"Deputy Commissioner, Offender Management and
Operations" means the person occupying or acting in the position of Deputy
Commissioner, Offender Management and Operations.
"Deputy Superintendent" means a commissioned
officer occupying a position at the rank of Deputy Superintendent which is not
attached to a Correctional Centre.
"General Manager" means a commissioned officer
occupying a position 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 Commissioner.
"Manager Security" means a commissioned officer
occupying a position 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 position designated by the Commissioner.
"Officer" means and includes all persons
substantively or temporarily appointed to a position within the Department
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 positions covered by this Award at its operative date, or is
appointed to or employed in one of these positions 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 Department of Premier and
Cabinet on-line at www.dpc.nsw.gov.au, as updated from time to time.
"Regulation" means the Public Sector Employment
and Management (General) Regulation 1996.
"Superintendent" means a commissioned officer who
is occupying a position 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 2006, 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 published 28 September 2007 (363 IG 843).
4.2 The following
Agreement made pursuant to Section 131 of the Act, insofar as it fixes
conditions of employment applying to officers covered by the Award, which are
not fixed by this Award, shall continue to apply:
Crown Employees (Transferred Officers' Excess Rent
Assistance) Agreement No. 2354 of 1981.
4.3 Except as
expressly provided by this Award, and except where conditions are covered by
the Awards and the Agreement referred to in subclauses 4.1 and 4.2 of this
clause, the conditions of officers shall be determined by the provisions of the
Act, the Regulation and the New South Wales Public Service 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 the Department’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 Deputy Commissioner, Offender Management and Operations or
delegate.
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
Commissioner 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 the Department 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 (commissioner officer)
Manager Security (commissioned officer)
Deputy Superintendent (commissioned officer)
10.2 Vacancies at
these ranks shall be advertised externally, as well as in the Public Service
Notices and internally within the Department, in accordance with the Act and
filled by way of merit selection. This
shall not apply to positions which can be suitably filled by way of internal
transfer, redeployment, rotation, secondments or temporary appointment with the
approval of the Commissioner or delegate.
10.3 At the
commencement of the former Crown
Employees (General Managers, Superintendents, Managers Security and Deputy
Superintendents, Department of Corrective Services) Award 2005, published 22
July 2005 (352 I.G. 602), the positions 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 positions 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 the Department’s operation may require their
transfer to another location or position at the same rank from time to time.
Officers shall have the opportunity to discuss any transfer of this nature with
the Commissioner or delegate prior to a transfer being affected under this
subclause.
10.5 The Commissioner
reserves the right to transfer officers in accordance with Section 87 of the
Act, if such action is considered to be in the best interests of the
Department.
10.6 Transfer costs,
where applicable, shall be made in accordance with the provisions of the Crown
Employees (Transferred Employees Compensation) Award 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. Actual expenses for meals and
accommodation may be claimed in accordance with the provisions of clauses 26
and 29 of the Conditions Award when travelling on official business, with the
rates prescribed by clauses 26 and 29 of the Conditions Award 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 Department, to enter into a Salary Packaging Arrangement in accordance with
the provisions of clause 5 of the Crown Employees (Public Sector - Salaries
2008) Award (unpublished) or its replacement.
12. Recreation Leave
12.1 In accordance
with the provisions of Part 6 of the Regulation, 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.
12.2 At least two
consecutive weeks of recreation leave shall be taken every 12 months, as
specified by paragraph 78(b)(1) of the Conditions Award, except by written
agreement with the Commissioner in special circumstances.
12.3 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.
13. Annual Leave
Loading
13.1 Annual Leave
loading payable to officers under this Award shall be paid at the rate
prescribed in subclause (a) of clause 79 of the Conditions Award, and
administered in accordance with the provisions of clause 79 of the Conditions
Award.
14. Leave
Entitlements
14.1 All leave (sick,
recreation etc.) except for extended leave shall be granted in accordance with Part 6 of the Regulation
and administered in accordance with the Conditions Award and the Personnel
Handbook.
14.2 Extended leave
entitlements shall be granted and administered in accordance with Section 55
and Schedule 3 of the Act and the Personnel Handbook.
14.3 All leave will be
debited in actual time, replacing the system of debiting multiples of 1/4 days.
15. Higher Duties
15.1 Subject to this
clause, an officer who is required to perform duties in a higher position from
time to time shall, provided the officer performs the whole of the duties and
assumes the whole of the responsibilities of the higher position, be paid an allowance at the difference
between the officer’s present salary and the salary prescribed for the higher
position.
15.2 This higher
duties allowance shall not be paid unless the officer has performed the duties
of the higher position for five complete and consecutive working days or more.
16. Performance
Agreement
16.1 All officers
shall enter into a performance agreement with the Department.
16.2 Officers who have
not met the targets in a performance agreement shall be counselled by the
Commissioner or delegate 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 Commissioner, 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 positions under this Award may sublease vehicles from the Department
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 the departmental 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 departmental 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 The Department 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 the Department 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 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 departmental Corporate Plan.
19.2 Officers shall
perform their duties diligently, impartially and conscientiously to the best of
their ability by complying with the departmental 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 departmental Dress Policy,
shall ensure their dress and grooming is of the highest standard and shall wear
and display departmental name tags. Officers are responsible for ensuring that
all staff under their supervision comply with the departmental Dress Policy.
19.4 Officers shall
have a thorough knowledge of and practice of the management of Case Management
Principles, as defined by departmental 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 The Department 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 the
Department 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. Occupational
Health and Safety
23.1 At all times
officers shall comply with the Occupational Health and Safety Act 2000
and Regulations.
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 Safety Committees.
23.3 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the Occupational Health and Safety Act 2000 and Regulations.
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
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 departmental 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 positions on Local Management Boards.
24.4 All officers
occupying positions 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
departmental 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 the Department's obligation to
provide a safe and healthy work environment.
25. Deduction of
Association Membership Fees
25.1 The Association
shall provide the Department 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 the Department 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 the
Department at least 28 days in advance of the variation taking effect.
25.3 Subject to
subclauses 25.1 and 25.2 of this clause, the Department 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 the Department 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 the Department and the Association, all
Association membership fees shall be deducted by the Department 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 departmental 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 departmental 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 their supervisor. If the dispute remains
unresolved follow Step 3.
Step 3: The
dispute is discussed between the officer(s), the Association’s delegate or
officer's nominated representative, the supervisor and the Assistant
Commissioner/Deputy Commissioner. If the dispute remains unresolved, follow
Step 4.
Step 4: The
dispute is discussed between the Deputy Commissioner, Offender Management and
Operations and representatives from the Industrial Relations Unit, and the
Association delegate and/or an Association official or officer's nominated
representative. If the dispute remains unresolved, follow Step 5.
Step 5: The dispute
is discussed between senior representatives of the Department 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 Occupational
Health and Safety Act 2000, 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 Commissioner to alter the duties of
any position or to abolish any position covered by this Award.
29. Savings of Rights
29.1 Should there be a
variation to the Crown Employees (Public Sector - Salaries 2008) Award
(unpublished), 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. Transitional
Arrangements
30.1 As at the
operative date of 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), those
Superintendents and Deputy Superintendents substantively appointed as such who
were previously covered by the Crown Employees (Commissioned Officers,
Department of Corrective Services) Interim Award 2003 published 5 September
2003 (341 IG 386) and who were appointed to positions of General Manager,
Superintendent, Manager Security or Deputy Superintendent under this Award
received the annualised salary package as set out in clause 11, Annualised
Salary Package and Allowances, and the conditions of employment as set out in
this Award on commencing duties in the new position.
30.2 As at the
operative date of the former Crown
Employees (General Managers, Superintendents, Managers Security and Deputy
Superintendents, Department of Corrective Services) Award 2005, published 22
July 2005 (352 I.G. 602), those Superintendents and Deputy Superintendents
substantively appointed as such in the Department who were previously covered
by the Crown Employees (Commissioned Officers, Department of Corrective
Services) Interim Award 2003 published 5 September 2003 (341 IG 386) and who
were not appointed to positions of General Manager, Superintendent, Manager
Security or Deputy Superintendent under this Award shall be managed by the
Commissioner or delegate to determine a placement in alternative positions.
31. Area, Incidence
and Duration
31.1 This Award shall
apply to all officers as defined in clause 3, Definitions of this Award and
rescinds and replaces the terms and conditions applying to the ranks of
Superintendent and Deputy Superintendent contained in the former Crown
Employees (Commissioned Officers, Department of Corrective Services) Interim
Award 2003 published 5 September 2003 (341 I.G. 386).
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, Managers Security and Deputy Superintendents, Department of
Corrective Services) Award 2005, published 22 July 2005 (352 I.G. 602) and all variations thereof.
31.3 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 4 May 2009.
31.4 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
|
Rank
|
Annualised Salary
|
Annualised Salary
|
Annualised Salary
|
|
|
from the first full
pay
|
from the first full
pay
|
from the first full
pay
|
|
|
period on or after
|
period on or after
|
period on or after
|
|
|
1 July 2008
|
1 July 2009
|
1 July 2010
|
|
|
$
|
$
|
$
|
|
General Manager
|
147,588
|
153,492
|
159,632
|
|
Superintendent
|
135,423
|
140,840
|
146,474
|
|
Manager Security
|
124,511
|
129,491
|
134,671
|
|
Deputy Superintendent
|
115,994
|
120,634
|
125,459
|
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
|
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.