Crown Employees (NSW Police Force Administrative
Officers and Temporary Employees) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00007496)
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
PART A
SECTION 1 - FRAMEWORK
1. Arrangement
Clause No. Subject Matter
SECTION 1 - FRAMEWORK
1. Arrangement
2. Title
3. Definitions
4. Parties
to the Award
5. Conditions
of Employment
6. Coverage
7. Statement
of Intent
8. Work
Environment
9. Grievance
and Dispute Settling Procedures
SECTION 2 - SALARIES
10. Salaries
11. Salary
Packaging Arrangements including Salary Sacrifice to Superannuation
SECTION 3 - ATTENDANCE/HOURS OF WORK
12. Local
Arrangements
13. Working
Hours
14. Part-time
Employment
15. Morning
and Afternoon Breaks
16. Meal
Breaks
17. Lactation
Breaks
18. Variation
of Hours
19. Natural
Emergencies and Major Transport Disruptions
20. Notification
of Absence from Duty
21. Public
Holidays
22. Standard
Working Hours
23. Flexible
Working Hours
24. Rostered
Days Off for 38 Hour Week Workers
25. Non-Compliance
26. Flexible
Work Practices
27. Existing
Hours of Work Determinations
SECTION 4 - TRAVEL ARRANGEMENTS
28. Travelling
Compensation
29. Excess
Travelling Time
30. Waiting
Time
31. Meal
Expenses on One Day Journeys
32. Restrictions
on Payment of Travelling Allowances
33. Increase
or Reduction in Payment of Travelling Allowances
34. Production
of Receipts
35. Travelling
Distance
SECTION 5 - ALLOWANCES AND OTHER MATTERS
36. Camping
Allowances
37. Composite
Allowance
38. Allowance
Payable for Use of Private Motor Vehicle
39. Damage to
Private Motor Vehicle Used for Work
40. Camping
Equipment Allowance
41. Allowance
for Living in a Remote Area
42. Assistance
to Staff Members Stationed in a Remote Area When Travelling on Recreation Leave
43. Overseas
Travel
44. Exchanges
45. Room at
Home used as Office
46. Semi-Official
Telephones
47. Flying
Allowance
48. Uniforms,
Protective Clothing and Laundry Allowance
49. Compensation
for Damage to or Loss of Staff Member’s Personal Property
50. Garage and
Carport Allowance
51. Community
Language Allowance Scheme (CLAS)
52. First Aid
Allowance
53. Review of
Allowances Payable in Terms of This Award
SECTION 6 - UNION CONSULTATION, ACCESS AND ACTIVITIES
54. Trade
Union Activities Regarded as On Duty
55. Trade
Union Activities Regarded as Special Leave
56. Trade
Union Training Courses
57. Conditions
applying to On Loan Arrangements
58.. Period of
Notice for Trade Union Activities
59. Access to
Facilities by Trade Union Delegates
60. Responsibilities
of the Trade Union Delegate
61. Responsibilities
of the Trade Union
62. Responsibilities
of Workplace Management
63. Right of
Entry Provisions
64. Travelling
and Other Costs of Trade Union Delegates
65. Industrial
Action
66. Consultation
and Technological Change
67. Deduction
of Trade Union Membership Fees
SECTION 7 - LEAVE
68. Leave -
General Provisions
69. Absence
from Work
70. Applying
for Leave
71. Extended
Leave
72. Family and
Community Service Leave
73. Leave
Without Pay
74. Military
Leave
75. Observance
of Essential Religious or Cultural Obligations
76. Parental
Leave
77. Purchased
Leave
78. Recreation
Leave
79. Annual
Leave Loading
80. Sick Leave
81. Sick Leave
- Requirements for Evidence of Illness
82. Sick Leave
to Care for a Family Member
83. Sick Leave
- Workers Compensation
84. Sick leave
- Claims Other Than Workers Compensation
85. Special
Leave
86. Leave for
Matters Arising from Domestic Violence
SECTION 8 - TRAINING AND PROFESSIONAL DEVELOPMENT
87. Staff
Development and Training Activities
88. Study
Assistance
SECTION 9 - Shift Work and Overtime
89. Shift Work
90. Overtime -
General
91. Overtime
Worked by Shift Workers
92. Overtime
Worked by Day Workers
93. Recall to
Duty
94. On-Call
(Stand-by) and On-Call Allowance
95. Overtime
Meal Breaks
96. Overtime
Meal Allowances
97. Rate of
Payment for Overtime
98. Payment
for Overtime or Leave in Lieu
99. Calculation
of Overtime
100. Provision of
Transport in Conjunction with Working of Overtime
SECTION 10 - MISCELLANEOUS
101. Anti-Discrimination
102. Secure
Employment
103. Existing
Entitlements
104. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Allowances
2. Title
This award shall be known as the Crown Employees (NSW
Police Force Administrative Officers and Temporary Employees) Award 2009.
3. Definitions
3.1 Act means the NSW
Police Act 1990.
3.2 Accumulation
means the accrual of leave or time. In respect of weekly study time
accumulation means the aggregation of short periods of weekly study time which
is granted for private study purposes.
3.3 Administrative
Officer means a person employed as an Administrative Officer under the NSW
Police Act 1990.
3.4 Agreement means
an agreement referred to in section 87 of the Act or an agreement as defined in
the Industrial Relations Act 1996.
3.5 Approved Course
means a course relevant to the employment of the staff member in NSW Police
Force or the Public Service approved by the Commissioner.
3.6 Association
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
3.7 At the
convenience of means the operational requirements permit the staff member's
release from duty or that satisfactory arrangements are able to be made for the
performance of the staff member's duties during the absence.
3.8 Award means an
award as defined in the Industrial Relations Act 1996.
3.9 Birth means the
birth of a child and includes stillbirth.
3.10 Capital City
means the area set out as the area for the Sydney Telephone District Directory
coded N00 in the Sydney White Pages or within a corresponding area in the
Capital City of another State or Territory.
3.11 Commissioner
means the Commissioner of the NSW Police Force.
3.12 Contract hours for
the day for a full time staff member, means one fifth of the full time contract
hours, as defined in this award. For a
part time staff member, contract hours for the day means the hours usually
worked on the day.
3.13 Daily rate or
Rate per day means the rate payable for 24 hours, unless otherwise specified.
3.14 Daily span of
hours means, for a staff member required to work standard hours, the full time
standard hours defined in this award. For a staff member required to work
flexible hours, the "daily span of hours" means the hours which
normally fall within the bandwidth of the scheme applicable to the staff member
and which do not attract payment for overtime, unless otherwise prescribed in
this award.
3.15 Day worker means
a staff member, other than a shift worker, who works the ordinary hours from
Monday to Friday inclusive between the hours of 7.00 a.m. and 7.00 p.m. or as
negotiated under a local arrangement.
3.16 Public Service
Commissioner means the position of Public Service Commissioner established
under Division 1 of the Government Sector Employment Act 2013.
3.17 Expected date of
birth, in relation to a staff member who is pregnant, means a date specified by
her medical practitioner to be the date on which the medical practitioner expects
the staff member to give birth as a result of the pregnancy.
3.18 Extended leave
means extended (long service) leave to which a staff member is entitled under
the provisions of Part 6 of the Police Regulation 2015, as amended from time to
time.
3.19 Flexible Working
Hours Agreement means the agreement outlined in clause 23, Flexible Working
Hours of this award, applicable to staff members other than a shift worker.
3.20 Flexible working
hours credit means the time exceeding the contract hours for a settlement
period and includes any time carried over from a previous settlement period or
periods.
3.21 Flexible working
hours debit means the contract hours not worked by a staff member and not
covered by approved leave during the settlement period, as well as any debit
carried over from the previous settlement period or periods.
3.22 Flexible Work
Practices, Policy and Guidelines means the document negotiated between the
Public Service Commissioner, Unions NSW and affiliated unions to provide
agencies with the opportunity to exercise greater flexibility in employment
arrangements.
3.23 Flex leave means
a period of leave available to be taken by a staff member working under the
Flexible Working Hours Agreement outlined in clause 23 of this award.
3.24 Full day means
the standard full time contract hours for the day, i.e., seven or eight hours
depending on the classification of the staff member.
3.25 Full pay or half
pay means the staff member's ordinary rate of pay or half the ordinary rate of
pay respectively.
3.26 Full-time
contract hours means the standard weekly hours, that is, 35 or 38 hours per
week, depending on the classification, required to be worked as at the date of
this award.
3.27 Full-time
position means a position which is occupied, or if not for being vacant, would
be occupied, by a full-time staff member.
3.28 Full-time staff
member means a staff member whose ordinary hours of duty are specified as such
in a formal industrial instrument or whose contract hours are equivalent to the
full-time contract hours for the job classification.
3.29 Half day means
half the standard contract hours for the day.
3.30 Headquarters
means the centre(s) to which a staff member is attached or from which a staff
member is required to operate on a long-term basis.
3.31 Industrial
action means industrial action as defined in the Industrial Relations Act 1996.
3.32 Local
Arrangement means an agreement reached at the organisational level between the
Commissioner and the Association in terms of clause 12, Local Arrangements of
this award.
3.33 Local holiday
means a holiday which applies to a particular township or district of the State
and which is not a public holiday throughout the State.
3.34 NSW Police Force
means the NSW Police Force as established by the Act.
3.35 Normal hours of
duty means:
for a staff member working standard hours - the fixed
hours of duty, with an hour for lunch, worked in the absence of flexible
working hours;
for a staff member working under a flexible working
hours scheme or local arrangement negotiated under clause 12, Local
Arrangements - the hours of duty the Commissioner requires a staff member to
work within the bandwidth specified under the flexible working hours scheme or
local arrangement.
3.36 Normal work
means, for the purposes of subclause 9.11 of clause 9, Grievance and Dispute
Settling Procedures of this award, the work carried out in accordance with the
staff member’s position or job description at the location where the staff
member was employed, at the time the grievance or dispute was notified by the
staff member.
3.37 Official
overseas travel means authorised travel out of Australia by a staff member
where the staff member proceeds overseas on official business.
3.38 On duty means
the time required to be worked for the NSW Police Force. For the purposes of clause 54, Trade Union
Activities Regarded as on Duty of this award, on duty means the time off with
pay given by the NSW Police Force to the accredited Association delegate to
enable the Association delegate to carry out legitimate Association activities
during ordinary work hours without being required to lodge an application for
leave.
3.39 On loan means an
arrangement between the NSW Police Force and the Association where a staff
member is given leave of absence from the workplace to take up employment with
the staff member’s Association for a specified period of time during which the
Association is required to reimburse the NSW Police Force for the staff
member's salary and associated on-costs.
3.40 On special leave
means the staff member is required to apply for special leave in order to
engage in an activity which attracts the grant of special leave in the terms of
this award.
3.41 Ordinary hourly
rate of pay means the hourly equivalent of the annual rate of pay of the
classification as set out in Table 1 - Rates of Part B, Monetary Rates of this
award.
3.42 Overtime means
all time worked, whether before or after the ordinary daily hours of duty, at
the direction of the Commissioner, which, due to its character or special
circumstances, cannot be performed during the staff members ordinary hours of
duty.
3.43 Part-time
entitlement, unless specified otherwise in this award, means pro rata of the
full-time entitlements calculated according to the number of hours a staff
member works in a part-time position or under a part-time arrangement.
3.44 Part-time hours
means hours which are less than the hours which constitute full-time work under
the relevant industrial instrument.
3.45 Part-time position
means a designated part-time position and, unless otherwise specified, includes
any position which is filled on a part-time basis.
3.46 Part-time staff
member means a staff member whose ordinary hours of duty are specified as
part-time in a formal industrial instrument or whose contract hours are less
than the full-time hours.
3.47 Prescribed
ceasing time means, for a staff member working standard hours or rostered
shifts the conclusion of daily standard hours or rostered shift for that staff
member. For a staff member working under
a flexible working hours scheme, prescribed ceasing time means the conclusion
of bandwidth of the scheme applying to that staff member.
3.48 Prescribed
starting time means, for a staff member not working under a flexible working
hours scheme, the commencement of standard daily hours or rostered shift of
that staff member. For a staff member working under a flexible working hours
scheme, prescribed starting time means the commencement of bandwidth of the
scheme applying to that staff member.
3.49 Public holiday
means a day proclaimed under the Public Holidays Act 1912, as a public Holiday.
3.50 Recall to duty
means those occasions when a staff member is directed to return to duty outside
the staff member’s ordinary hours or outside the bandwidth in the case of a
staff member working under a flexible working hours scheme.
3.51 Regulation means
the Police Regulation 2015.
3.52 Relief staff
means staff employed on a temporary basis to provide relief in a position until
the return from authorised leave of the substantive occupant or in a vacant
position until it is filled substantively.
3.53 Residence, in
relation to a staff member, means the ordinary and permanent place of abode of
the staff member.
3.54 Rostered Day Off
means, for the purposes of clause 24, Rostered Days Off for 38 Hour Week
Workers of this award, a day off in a regular cycle at a time operationally
convenient.
3.55 Seasonal staff
means staff employed on a temporary basis for less than three months to meet
seasonal demands which cannot be met by staff already employed in the NSW
Police Force and which, because of their seasonal nature, do not justify
employment of staff on a long-term basis.
3.56 Secondment means
an arrangement agreed to by the Commissioner, the staff member and another
public service Department, a public sector organisation or a private sector
organisation which enables the staff member to work in such other organisation
for an agreed period of time and under conditions agreed to prior to the
commencement of the period of secondment. Secondments under sections 95 and 95a
of the Police Act will comply with the secondment provisions in Section 66 of
the Government Sector Employment Act 2013.
3.57 Shift worker -
Continuous Shifts means a staff member engaged in work carried out in
continuous shifts throughout the 24 hours of each of at least six consecutive
days without interruption except during breakdown or meal breaks or due to
unavoidable causes beyond the control of the Commissioner.
3.58 Shift worker -
Non-continuous Shifts means a staff member who is not a day worker or a shift
worker - continuous shifts, as defined above.
3.59 Short leave
means the leave which was available to be granted to staff in the case of
pressing necessity and which was replaced by family and community service leave
from 20 September 1994.
3.60 Staff member
means an officer or temporary employee as defined in the Act and unless
otherwise specified in this award, includes both full-time and part-time staff.
For the purposes of maternity leave, as set out in clause 76, Parental Leave of
this award, staff member means a female staff member.
3.61 Standard hours
are set and regular hours of operation as determined by the Commissioner in
accordance with any direction of the DPE. Standard hours are generally the
hours which were in operation prior to the introduction of flexible working
hours or have been determined as standard hours for the organisation since the
introduction of flexible working hours.
3.62 Standby means an
instruction given by the Commissioner to a staff member to be available for
immediate contact in case of an authorised call-out requiring the performance
of duties.
3.63 Study leave
means leave without pay granted for courses at any level or for study tours
during which financial assistance may be approved by the Commissioner, if the
activities to be undertaken are considered to be of relevance or value to the
NSW Police Force and/or the public service.
3.64 Study Time means
the time allowed off from normal duties on full pay to a staff member who is
studying in a part-time course which is of relevance to NSW Police Force and/or
the public service, as defined in section 6-20 of Department of Premier and
Cabinet, Personnel Handbook or its replacement.
3.65 Supervisor means
the immediate supervisor or manager of the area in which a staff member is
employed or any other staff member authorised by the Commissioner to fulfil the
role of a supervisor or manager, other than a person engaged as a consultant or
contractor.
3.66 Temporary
Employee means a person employed as a Temporary Employee under the Act to carry
out work for a specified period.
3.67 Temporary work
location means the place at or from which a staff member temporarily performs
official duty if required to work away from their usual place of work.
3.68 Trade Union or
Union means a registered trade union, as defined in the Industrial Relations
Act 1996.
3.69 Trade Union
Delegate means an accredited Association delegate responsible for his/her
workplace; and/or a person who is elected by the Association as its
representative, an executive member or a member of the Association's Council.
3.70 Trade Union
Official means a person who is employed by the Association to carry out duties
of an official in a permanent or temporary capacity, including elected
full-time officials and/or staff members placed on loan to the Association for
an agreed period of time.
3.71 Workplace means
the whole of the organisation or, as the case may be, a branch or section of
the organisation in which the staff member is employed.
3.72 Workplace
Management means the Commissioner or any other person authorised by the
Commissioner to assume responsibility for the conduct and effective, efficient
and economical management of the functions and activities of the organisation
or part of the organisation.
3.73 Domestic
Violence means domestic violence as defined in the Crimes (Domestic and
Personal Violence) Act 2007.
4. Parties to the
Award
The parties to this award are:
The Commissioner of the NSW Police Force, and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
5. Conditions of
Employment
This award contains the current common conditions of
employment as negotiated by the Commissioner and the Association.
6. Coverage
The provisions of this award shall apply to
Administrative Officers and Temporary Employees (as specified in the award) as
defined in the Act.
7. Statement of Intent
This award aims to consolidate, in the one document,
all common conditions of employment of staff employed in the NSW Police Force,
to encourage the consultative processes to facilitate, as appropriate, greater
flexibility in the workplace and to help ensure that the excess hours,
accumulated as a result of NSW Police Force work requirements, are not
forfeited.
8. Work Environment
8.1 Work Health and
Safety - The parties to this award are committed to achieving and maintaining
accident-free and healthy workplaces within the NSW Police Force by:
8.1.1 the
development of policies and guidelines for the NSW Police Force and, as and
when appropriate on Work Health, Safety and Rehabilitation;
8.1.2 assisting
to achieve the objectives of the Work Health and Safety Act 2011 and the Work ,
Health and Safety Regulation 2011 by establishing agreed Work Health and Safety
consultative arrangements within NSW Police Force work premises; to identify
and implement safe systems of work, safe work practices, working environments
and appropriate risk management strategies; and to determine the level of
responsibility within the NSW Police Force to achieve these objectives;
8.1.3 identifying
training strategies for staff members, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of
work related injury and illness;
8.1.4 developing
strategies to assist the rehabilitation of injured staff members;
8.1.5 directly
involving the Commissioner in the provisions of paragraphs 8.1.1 to 8.1.4
inclusive of this subclause.
8.2 Equality in
employment - The NSW Police Force is committed to the achievement of equality
in employment and the award has been drafted to reflect this commitment.
8.3 Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination Act 1977.
Management and staff of the NSW Police Force are required to refrain from, or
being party to, any form of harassment in the workplace.
9. Grievance and
Dispute Settling Procedures
9.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the NSW Police
Force, if required.
9.2 A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
9.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti Discrimination
Act 1977) that makes it impractical for the staff member to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Commissioner or delegate.
9.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
9.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the
Commissioner.
9.6 The
Commissioner may refer the matter to Public Service Commissioner for
consideration.
9.7 If the matter
remains unresolved, the Commissioner shall provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
9.8 A staff member,
at any stage, may request to be represented by the Association.
9.9 The staff
member or the Association on their behalf, or the Commissioner may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
9.10 The staff
member, Association, and the NSW Police Force shall agree to be bound by any
order or determination by the New South Wales Industrial Relations Commission
in relation to the dispute.
9.11 Whilst the
procedures outlined in subclauses 9.1 to 9.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving work health and safety, if practicable, normal work shall
proceed in a manner which avoids any risk to the health and safety of any staff
member or member of the public.
SECTION 2 -
SALARIES
10. Salaries
10.1 The salaries
under this award are payable to staff members appointed to or performing the
duties of any of the positions or classifications listed in Table 1 - Rates of
Pay of Part B, Monetary Rates, of this award.
10.2 The salaries
payable are prescribed in Table 1 - Rates of Pay.
10.3 The salaries in
this award are set in accordance with the Crown Employees (Public Sector -
Salaries 2016) Award or any variation or any replacement award.
10.4 The salaries prescribed reflect an increase
of 2.5% to salaries payable with effect from the first pay
period to commence on or after 1
July 2016.
10.5 The salary
increases referred to in subclause 10.4 of this clause, in so far as they apply
from the first full pay period on or after 1 July 2016, shall only be paid to
those staff members who are employed as at the date of effect of
the Crown Employees (Public Sector - Salaries 2016) Award.
10.6 The following
allowances are subject to adjustment in line with the salary increases:
Community Language Allowance
First Aid Allowance
Flying Allowance
On-Call Allowance
Shift Allowances
10.7 In addition to
the allowances listed in subclause 10.6 of this clause, any other allowance
applying to classifications in Table 1 which is normally moved in accordance
with salary increases is to be adjusted in line with the salary increases.
11. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
11.1 For the purposes
of this clause "salary" means the salary or rate of pay prescribed
for the staff member’s classification by clause 10, Salaries, and Part B, to
this award.
11.2 By mutual
agreement with the Commissioner, a staff member may elect to package part or
all of their salary in order to obtain:
11.2.1 a
benefit or benefits selected from those approved from time to time by the
Commissioner; and
11.2.2 a
salary equal to the difference between the salary prescribed for the staff
member by clause 10, Salaries, and Part B to this award, and the amount
specified by the Commissioner from time to time for the benefit provided to or
in respect of the staff member in accordance with such agreement.
11.3 The amount
packaged, including any salary sacrifice to superannuation arrangement under
subclauses 11.10 to 11.14 of this clause, may be up to one hundred (100)
percent of the staff member’s salary.
11.3.1 Any
pre tax and post tax payroll deductions must be taken into account prior to
determining the amount of salary available to be packaged. Such payroll deductions may include, but are
not limited to, compulsory superannuation payments, judgment debtor/garnishee
orders, union fees, and health fund premiums.
11.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
11.5 The agreement
shall be known as the Salary Packaging Agreement.
11.6 Except in
accordance with subclauses 11.10 to 11.14 of this clause, a Salary Packaging
Agreement shall be recorded in writing and shall be for a period of time as
mutually agreed between the staff member and the Commissioner at the time of
signing the Salary Packaging Agreement.
11.7 Where the staff
member has elected to package part or all of their salary:
11.7.1 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
11.7.2 any
allowance, penalty rate, payment for unused leave entitlements, weekly workers
compensation or other payment, other than any payments for leave taken in
service, to which a staff member is entitled under this award or any applicable
award, Act or statute which is expressed to be determined by reference to the
staff member’s salary, shall be calculated by reference to the salary which
would have applied to the staff member under clause 10, Salaries, or Part B of
this award in the absence of any Salary Packaging Agreement made under this
award.
11.8 The Commissioner
may vary the range and type of benefits available from time to time following
discussion with the Association. Such
variations shall apply to any existing or future Salary Packaging Agreement
from the date of such variation.
11.9 The Commissioner
will determine from time to time the value of the benefits provided following
discussion with the Association. Such
variations shall apply to any existing or future Salary Packaging Agreement
from the date of such variation. In this
circumstance, the staff member may elect to terminate the Salary Packaging
Agreement immediately.
11.10 A staff member may
elect to sacrifice a part or all of their salary to additional employer
superannuation contributions.
11.11 Where the staff
member makes such an election, the staff member may elect to have the amount of
salary sacrificed:
11.11.1 paid
into the superannuation scheme established under the First State
Superannuation Act 1992 as optional employer contributions; or
11.11.2 subject
to NSW Police Force agreement, paid into another complying superannuation
scheme as employer superannuation contributions.
11.12 Where the staff
member makes an election in terms of subclause 11.10 of this clause, the NSW
Police Force shall pay the amount of salary, the subject of election, to the
relevant superannuation fund.
11.13 Where the staff
member makes an election in terms of subclause 11.10 of this clause, and where
the staff member is a member of a superannuation scheme established under the:
11.13.1 Police
Regulation (Superannuation) Act 1906;
11.13.2 Superannuation
Act 1916;
11.13.3 State
Authorities Superannuation Act 1987;
11.13.4 State
Authorities Non-contributory Superannuation Act 1987; or
11.13.5 First
State Superannuation Act 1992,
The NSW Police Force must ensure that the amount of any
additional employer superannuation contributions specified in subclause 11.10
of this clause is included in the staff member’s superable salary which is
notified to the SAS Trustee Corporations.
11.14 Where the staff
member makes an election in terms of subclause 11.10 of this clause, and where,
prior to electing to sacrifice a part or all of their salary to superannuation,
a staff member had entered into an agreement with the NSW Police Force to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause 11.13 of this clause, the NSW
Police Force will continue to base contributions to that fund on the salary
payable to the same extent as applied before the staff member sacrificed that
amount of salary to superannuation. This
clause applies even though the superannuation contributions made by the NSW
Police Force may be in excess of superannuation guarantee requirements after
the salary sacrifice is implemented.
SECTION 3 -
ATTENDANCE/HOURS OF WORK
12. Local Arrangements
12.1 Local
arrangements may be negotiated between the Commissioner and the Association in
respect of the whole of the NSW Police Force or part of the NSW Police Force in
relation to any matter contained in the award.
12.2 All local
arrangements negotiated between the Commissioner and the Association must:
12.2.1 be
approved in writing by the Commissioner, and
12.2.2 be
approved in writing by the General Secretary of the Association, and
12.2.3 be
contained in a formal document, such as a co-lateral agreement, a memorandum of
understanding, an award, an enterprise agreement or other industrial
instrument, and
12.2.4 include
a clause allowing either party to terminate the arrangement by giving 12
months’ notice.
12.3 Subject to the
provisions of subclause 12.2 of this clause, nothing in this clause shall
prevent the negotiation of local arrangements between the Commissioner and the
Association in respect of the provisions contained in clause 26, Flexible Work
Practices of this award, where the conditions of employment of any group are
such that the application of the standard flex time provisions would not be
practicable. Where such local
arrangements do not include provisions in relation to core time, settlement
periods, contract hours, flex credit, flex debit, or flex leave, the relevant
provisions of clause 23, Flexible Working Hours of this award shall apply.
13. Working Hours
13.1 The working
hours of staff and the manner of their recording, shall be as determined from
time to time by the Commissioner in accordance with any direction of the Public
Service Commissioner. Such direction will include the definition of full time
contract hours as contained in clause 3, Definitions of this award.
13.2 The staff member
in charge of a Command/division or branch of the NSW Police Force will be
responsible to the Commissioner for the proper observance of hours of work and
for the proper recording of such attendance.
13.3 The Commissioner
may require a staff member to perform duty beyond the hours determined under
subclause 13.1 of this clause but only if it is reasonable for the staff member
to be required to do so. A staff member may refuse to work additional hours in
circumstances where the working of such hours would result in the staff member
working unreasonable hours. In determining
what is unreasonable the following factors shall be taken into account:
13.3.1 the
staff member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
13.3.2 any
risk to staff member’s health and safety
13.3.3 the
urgency of the work required to be performed during additional hours, the
impact on the operational commitments of the organisation and the effect on
client services,
13.3.4 the
notice (if any) given by the Commissioner regarding the working of the
additional hours, and by the staff member of their intention to refuse the
working of additional hours, or
13.3.5 any
other relevant matter.
13.4 The application
of hours of work is subject to the provisions of this clause.
13.5 The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
13.6 The Commissioner
shall ensure that all staff members employed in the NSW Police Force are
informed of the hours of duty required to be worked and of their rights and
responsibilities in respect of such hours of duty.
14. Part-Time
Employment
14.1 General
14.1.1 This
clause shall only apply to part-time staff members whose conditions of
employment are not otherwise provided for in another industrial instrument.
14.1.2 Part-time
work may be undertaken with the agreement of the Commissioner. Part-time work
may be undertaken in a part-time position or under a part-time arrangement.
14.1.3 A
part-time staff member is to work contract hours less than full-time hours.
14.1.4 Unless
otherwise specified in the award, part-time staff members receive full time
entitlements on a pro rata basis calculated according to the number of hours a
staff member works in a part-time position or under a part-time arrangement.
Entitlements to paid leave will accrue on the equivalent hourly basis.
14.1.5 Before
commencing part-time work, the Commissioner and the staff member must agree
upon:
(a) the hours to be
worked by the staff member, the days upon which they will be worked, commencing
and ceasing times for the work, and whether hours may be rostered flexibly;
(b) whether
flexible working hours provisions or standard hours provisions will apply to
the part-time staff member; and
(c) the
classification applying to the work to be performed;
14.1.6 The
terms of the agreement must be in writing and may only be varied with the
consent of both parties.
14.1.7 Incremental
progression for part-time staff members is the same as for full-time staff
members, that is, part-time staff members receive an increment annually.
14.2 Additional hours
14.2.1 The
NSW Police Force may request, but not require, a part-time staff member to work
additional hours. For the time worked in excess of the staff member’s usual
hours and up to the normal full-time hours for the classification, part-time
staff members may elect to:
(a) be paid for
additional hours at their hourly rate plus a loading of 4/48ths in lieu of
recreation leave; or
(b) if working
under a Flexible Working Hours scheme under clause 23 of this award, or a Local Agreement made in accordance with
clause 12 of this award, have the time worked credited as flex time.
14.2.2 For
time worked in excess of the full-time hours of the classification, or outside
the bandwidth payment shall be made at the appropriate overtime rate in
accordance with clause 97, Rate of Payment for Overtime of this award.
15. Morning and Afternoon
Breaks
Staff members may take a 10 minute morning break,
provided that the discharge of public business is not affected and, where
practicable, they do so out of the view of the public contact areas. Staff
members, other than the 38 hour week workers, may also take a 10 minute
afternoon break, subject to the same conditions as apply to the morning break.
16. Meal Breaks
16.1 Meal breaks must
be given to and taken by staff members. No staff member shall be required to
work continuously for more than 5 hours without a meal break, provided that:-
16.1.2 where
the prescribed break is more than 30 minutes, the break may be reduced to not
less than 30 minutes if the staff member agrees. If the staff member requests
to reduce the break to not less than 30 minutes, the reduction must be
operationally convenient; and
16.1.3 where
the nature of the work of a staff member or a group of staff members is such
that it is not possible for a meal break to be taken after not more than 5
hours, local arrangements may be negotiated between the Commissioner and the
Association to provide for payment of a penalty.
17. Lactation Breaks
17.1 This clause
applies to staff members who are lactating mothers. A lactation break is
provided for breastfeeding, expressing milk or other activity necessary to the
act of breastfeeding or expressing milk and is in addition to any other rest
period and meal break as provided for in this award.
17.2 A full time
staff member or a part time staff member working more than 4 hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day..
17.3 A part time
staff member working 4 hours or less on any one day is entitled to only one
paid lactation break of up to 30 minutes on any day so worked.
17.4 A flexible
approach to lactation breaks can be taken by mutual agreement between a staff
member and their manager provided the total lactation break time entitlement is
not exceeded. When giving consideration to any such requests for flexibility, a
manager needs to balance the operational requirements of the organisation with
the lactating needs of the staff member.
17.5 The Commissioner
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk
17.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable to provide these facilities,
discussions between the manager and staff member will take place to attempt to
identify reasonable alternative arrangements for the staff member’s lactation
needs.
17.7 Staff members
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
17.8 Staff members
needing to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with clause 80, Sick Leave of this award,
or access to the flexible working hours scheme provided in clause 23, Flexible
Working Hours of this award, where applicable.
18. Variation of Hours
18.1 If the
Commissioner is satisfied that a staff member is unable to comply with the
general hours operating in the NSW Police Force because of limited transport
facilities, urgent personal reasons, community or family reasons, the
Commissioner may vary the staff member's hours of attendance on a one off,
short or long-term basis, subject to the following:
18.1.1 the
variation does not adversely affect the operational requirements;
18.1.2 there
is no reduction in the total number of daily hours to be worked;
18.1.3 the
variation is not more than an hour from the commencement or finish of the span
of usual commencing and finishing time;
18.1.4 a
lunch break of one hour is available to the staff member, unless the staff
member elects to reduce the break to not less than 30 minutes;
18.1.5 no
overtime or meal allowance payments are made to the staff member, as a result
of an agreement to vary the hours;
18.1.6 ongoing
arrangements are documented; and
18.1.7 the
Association is consulted, as appropriate, on any implications of the proposed
variation of hours for the work area.
19. Natural
Emergencies and Major Transport Disruptions
19.1 A staff member
prevented from attending work at a normal work location by a natural emergency
or by a major transport disruption may:
19.1.1 apply
to vary the working hours as provided in clause 18, Variation of Hours of this
award and/or
19.1.2 negotiate
an alternative working location with the NSW Police Force; and/or
19.1.3 take
available family and community service leave and/or flex leave, recreation or
extended leave or leave without pay to cover the period concerned.
20. Notification of
Absence from Duty
20.1 If a staff
member is to be absent from duty, other than on authorised leave, the staff
member must notify the supervisor, or must arrange for the supervisor to be
notified, as soon as possible, of the reason for the absence.
20.2 If a staff
member is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the Commissioner, the amount
representing the period of absence shall be deducted from the staff member's
pay.
21. Public Holidays
21.1 Unless directed
to attend for duty by the Commissioner, a staff member is entitled to be absent
from duty without loss of pay on any day which is:
21.1.1 a
public holiday throughout the State; or
21.1.2 a
local holiday in that part of the State at or from which the staff member
performs duty; or
21.1.3 a day
between Boxing Day and New Year's Day determined by the Commissioner as a
public service holiday.
21.2 A staff member,
who is required by the Commissioner to work on a local holiday may be granted
time off in lieu on an hour for hour basis for the time worked on a local
holiday.
21.3 If a local
holiday falls during a staff member's absence on leave, the staff member is not
to be credited with the holiday.
22. Standard Working
Hours
22.1 Standard hours
are set and regular with an hour for lunch and, if worked by the staff member
under a flexible working hours scheme, would equal the contract hours required
to be worked under the scheme. Standard hours could be full time or part-time.
22.2 Urgent Personal
Business - Where a staff member requires to undertake urgent personal business,
appropriate leave or time off may be granted by the Commissioner. Where time off has been granted, such time
shall be made up as set out in subclause 22.4 of this clause.
22.3 Late Attendance
- If a staff member is late for work, such staff member must either take
appropriate leave or, if the Commissioner approves, make the time up in
accordance with subclause 22.4 of this clause.
22.4 Making up of
Time - The time taken off in circumstances outlined in subclauses 22.2 and 22.3
of this clause must be made up at the earliest opportunity. The time may be made up on the same day or on
a day or days agreed to between the staff member and the Commissioner.
23. Flexible Working
Hours
23.1 Exclusions
Flexible working hours shall not apply to staff members
who work shift work.
23.2 Statement of
Intent
The Association, staff members and management are
committed to fostering flexible work practices under Flexible Working Hours for
the benefit of staff members and the achievement of the organisation’s goals.
The Association, staff members and management will work co-operatively to
ensure the successful implementation of Flexible Working Hours.
All parties are committed to managing time worked to
avoid forfeiture of hours.
23.3 Statement of
Agreed Principles
Decisions regarding working hours and patterns of work
will be made by taking into account the following factors:
23.3.1 The
convenience of the NSW Police Force in terms of:
(a) the
requirements of a particular work unit
(b) the operational
requirements of the NSW Police Force
(c) the
availability of work
22.3.2 The
personal commitments and needs of the staff members.
23.4 General
23.4.1 The
contract hours for the twelve week settlement period of Flexible Working Hours
are 420. The maximum debit hours that can be carried forwarded from one
settlement period to the next is 10 hours, except as otherwise specifically
provided within subclause 23.17 of this clause.
Therefore, the minimum adjusted total of Accrued Work Time (AWT) at the
end of any settlement period is 410 hours.
23.4.2 All
absences due to leave will be credited to a staff member’s AWT. Such absences may be for periods as short as
15 minutes, with the appropriate amount of time for the absence being recorded
as AWT on the staff member’s record of attendance and debited to the staff
member’s leave records maintained by the NSW Police Force. A full day absence is equivalent to 7 hours.
23.4.3 Absences
due to industrial action will be managed in accordance with the provision of
6-21.7 of the New South Wales Public Service Commission Personnel Handbook
published by the Public Service Commission
on-line at www.psc.nsw.gov.au.
23.4.4 Absences
using Flexitime or Banked time may be taken in conjunction with recreation
leave and may occur on more than one occasion during a settlement period within
the limits of Flexible Working Hours.
23.5 Definitions
"Accrued Work Time" is all time worked by the
staff member (except paid overtime) during the settlement period, on any day of
the week.
"Bandwidth" is the period during the day when
all staff members may work and may record and accrue credit for time worked.
"Banked Time" is the terminology given to
those hours/days nominated by a staff member to be banked at the end of a
settlement period.
"Core time" is the period during the day when
all staff members are required to be on duty, unless on authorised leave. The
lunch period is not part of core time.
"Flex time" is the terminology given to those
periods of time that a staff member may absent themselves from work with the
approval of their supervisor under Flexible Working Hours during which no time
is credited towards the staff member’s Accrued Work Time.
"Joint Consultative Committee" is a forum
established under the consultative arrangements agreed upon by the New South
Wales Government, the Association and Unions NSW to promote, encourage and
facilitate harmonious industrial relations between employers and staff members
at the workplace or enterprise level.
23.6 Settlement
Period and Ordinary Hours.
23.6.1 The
settlement period is twelve weeks. (Previously 4 weeks).
23.6.2 Ordinary
Hours for full time Staff members are 35 hours per week, Monday to Friday. Standard hours are 35 hours per week between
8.30 am and 4.30 pm Monday to Friday.
23.6.3 Ordinary
hours for part-time Staff members are less than 35 hours per week, Monday to
Friday.
23.7 Bandwidth
23.7.1 The
standard bandwidth is 7.00 am to 7.00 pm (previously 7.30 am to 6.00 pm), Monday
to Friday, during which time normal work can be undertaken.
23.7.2 By
mutual agreement between a staff member and their supervisor, the standard
bandwidth may be varied to an agreed bandwidth.
Prior to the agreement being reached the staff member may consult with
the Association. The variation to the
bandwidth must be in the form of a signed written agreement between both
parties. In no case shall the agreed bandwidth exceed 12 hours.
23.7.3 Attendance and the
accrual of flexible working hours credit - A staff member may only work outside
the hours of a standard day but within the bandwidth and accrue hours toward a
flexible working hours credit if the work is available to be performed.
23.7.4 If
approval to work outside the bandwidth is neither sought nor given, then time
worked outside the standard or agreed bandwidth is not to be counted towards
AWT.
23.8 Core Time
23.8.1 The
standard core time is 9.30 am to 3.00pm (previously 9.30 am to 3.30 pm).
23.8.2 By
mutual agreement between a staff member and their supervisor, a staff member
may work an alternative core time of a minimum 5 -1/2 hour span within the
standard or agreed bandwidth, inclusive of a meal break of up to 2 -1/2 hours.
23.8.3 As
outlined at paragraph 23.9.6 of this clause, where staff members are directed
as to commencing or concluding times, core time will be adjusted accordingly.
23.9 Hours Worked
23.9.1 A
staff member may select commencing and concluding times from day to day,
subject to the provisions of this Flexible Working Hours clause.
23.9.2 Where
it appears work is not available, a staff member may be directed not to
commence duty prior to a specified time, not being a time later than the
commencement of standard hours.
23.9.3 A
staff member may only accumulate credit hours in excess of the minimum daily
contract hours where their supervisor is satisfied that work is available and
it is convenient to the NSW Police Force for the staff member to so work.
23.9.4 All
staff members are entitled to work a minimum 7 hours on any day. A staff member cannot be directed to work
less than 7 hours on any day. A staff
member may be directed to work 7 hours on any day, Monday to Friday.
23.9.5 A
staff member may elect to work standard hours.
Standard hours will be 7 hours work per day with a 1 hour lunch break,
Monday to Friday. The staff member, in agreement with the supervisor, may
nominate commencing and concluding times for the standard hours.
23.9.6 Flexible
Working Hours recognises the need to provide satisfactory levels of customer
service to clients. This includes
internal and external clients. In order
that a satisfactory level of customer service is provided to clients, where a
business unit within the NSW Police Force can demonstrate a need to provide a
level of service between certain hours, staff members may be directed to
commence work at a time earlier than the standard hours commencing time or to
conclude work later than the standard hours finishing time within the standard
or agreed bandwidth.
23.9.7 Staff
members cannot be directed as to commencing or concluding times in accordance
with paragraph 23.9.6 of this subclause until approval is granted to the
business unit by the Manager, Employee Relations following advice to the
Association, and reasonable notice as to commencement. The reasonableness of any direction as to
commencing or concluding times under paragraph 23.9.6 of this subclause may be
raised with the Joint Consultative Committee.
23.9.8 Nothing
in this clause shall prevent the NSW Police Force from requiring a staff member
to revert to working standard hours where it is evident that the staff member
is not observing the conditions of Flexible Working Hours.
23.9.9 Staff
members may not be directed as to both commencing and concluding times except
by way of a direction to work standard hours.
23.10 Weekend Work
23.10.1 The
purpose of this clause is to facilitate at the staff member’s request only, and
then only with the approval of the supervisor, the working of ordinary hours on
a weekend as a substitute for a weekday or days. Any such arrangement is subject to the
provisions of this clause and is not to be used to circumvent the provisions of
subclause 23.14 of this clause. All work
directed on weekends is to be paid in accordance with the provisions of
subclause 23.14.
23.10.2 At the
request of a staff member, and with the approval of their supervisor, a staff
member may undertake ordinary work on Saturdays and/or Sundays (without the
payment of overtime) within the limitations of the standard or agreed
bandwidth. The time worked is to be
counted towards Accrued Work Time (AWT).
23.10.3 With
the approval of the supervisor, a staff member undertaking work on Saturdays
and/or Sundays may disregard the core time provisions of this clause.
23.10.4 Where a
staff member undertakes work on Saturdays and/or Sundays they may, with the
approval of their supervisor, absent themselves from duty on a one day for one
day basis, on any day or days between Monday and Friday. If a Saturday or
Sunday is worked, a staff member may absent themselves from duty for one day.
If both Saturday and Sunday are worked, a staff member may absent themselves
from duty for two days, which may be consecutive.
23.10.5 Absences
under the clause are always subject to the prior approval of the supervisor.
Any such day or days taken off under this arrangement will not affect the
availability of the number of Flex time days or "Banked" days
otherwise available within Flexible Working Hours.
23.10.6 Staff
members who with the approval of their supervisor, are desirous of utilising
the provisions of this clause are expected to agree on the application of all
of the provisions of this clause before commencing work on a Saturday and/or
Sunday.
23.11 Lunch Breaks and
Meal Breaks
23.11.1 Time
taken for lunch breaks and meal breaks does not count toward Accrued Work Time.
23.11.2 No
staff member shall be required to work more than five (5) consecutive hours
without a meal break of at least 30 minutes
23.11.3 Lunch
breaks must be of at least 30 minutes duration with an entitlement of up to one
and a half hours (previously 1 hour)
23.11.4 With
the supervisor’s prior approval, a longer lunch break may be taken, up to a
maximum of 2-1/2 hours. Lunch breaks within the standard bandwidth and core
time may be taken between 11.00am and 2.30 pm (previously 11.30 am - 2.30 pm)
23.12 Flexitime and
Banked Time Entitlements
23.12.1 All
staff may take up to 6 Flex time days off in any settlement period. This time
may be taken off with other forms of authorised leave including Banked Time.
The issue of when Flex time days are taken is subject to the supervisor’s
approval, consistent with the provisions of subclause 23.3 of this clause. The 6 Flex time days may be taken as either
full days or half days or combinations thereof.
A staff member does not receive credit towards their Accrued Work Time
(AWT) when taking Flex time. It is not
necessary for a staff member to have a credit balance when taking a Flex time
day or days.
23.12.2 Where a staff member has
accrued 8 weeks recreation leave, unless otherwise authorised by their manager,
flex leave can only be taken where recreation leave has been applied for and
approved. If, however, recreation leave
has been applied for and declined or not actioned by the manager, access to
flex leave is still available.
23.12.3 All
staff may Bank time as "Banked" days subject to the provisions of
paragraph 23.12.3 of this subclause. A
"Banked" day is equivalent to 7 hours, and the staff member’s AWT
will be reduced by this amount for each day banked. A "Banked" day or
days may only be banked using hours in excess of 420 for the settlement period.
"Banked" days may only be taken as full days. Seven (7) hours will be credited to a staff
member’s AWT when a "Banked" day is utilised for leave.
23.12.4 A staff
member may Bank time each settlement period on the following basis:
(a) where the Staff
member takes up to 6 Flex time days the bank is zero;
(b) where the Staff
member takes up to 5 Flex time days the possible bank is 1 day;
(c) where the
Staff member takes up to 4 Flex time days the possible bank is 2 days;
(d) where the Staff
member takes up to 3 Flex time days the possible bank is 3 days;
(e) where the
Staff member takes less than 3 Flex time days the possible bank is 3 days.
23.12.5 Over
four or more settlement periods a maximum or equivalent of 12 days may be
banked. Staff members cannot accumulate
more than 12 "Banked" days.
23.12.6 "Banked"
days may be taken with other forms of authorised leave including Flex time and
can be taken in quantities ranging from 1 to 12 days. The issue of when "Banked" days are
taken is subject to the supervisor’s approval.
23.12.7 Subject
to paragraph 23.12.3 of this subclause, relevant staff members and supervisors
will make every effort to ensure that a situation does not arise where a staff
member who has accumulated the maximum 12 "Banked" days, forfeits
hours at the end of any settlement period.
23.13 Accrual of Accrued
Work Time (AWT)
23.13.1 All time
worked during the settlement period in accordance with Flexible Working Hours
(except paid overtime) will count towards a staff member’s Accrued Work Time
(AWT).
23.13.2 A staff
member should have a total AWT of at least 410 hours at the conclusion of a
settlement period. The minimum of 410 hours includes all credited AWT and all
approved leave, but does not include unused Banked Time.
23.13.3 Where
AWT is less than 410 hours at the end of a settlement period, a staff member
will be required to submit a recreation leave form for the amount of shortfall
or alternatively they may, subject to paragraph 23.13.4 of this subclause, use
up 3 "Banked" days to pay off debit hours. Where a staff member has
no recreation leave available, leave without pay for the amount of time below
410 hours will apply and the leave without pay is credited to the AWT total.
Where a staff member consistently totals 410 hours AWT or less at the end of
settlement periods, the NSW Police Force may require the staff member to revert
to standard hours.
23.13.4 A staff
member with "Banked" days, and a debit balance in excess of 10 hours
at the end of a settlement period, may use 1, 2 or 3 "Banked" days to
pay off debit hours. Where a staff member uses up to 3 "Banked" days
to pay off debit hours and accumulated AWT is still less than 410 hours, the
provisions of paragraph 23.13.3 of this subclause will apply.
23.13.5 A staff
member is entitled to accumulate and/or carry forward hours in excess of 420
ordinary hours at the end of a settlement period up to and including 42 hours.
23.13.6 Where a
staff member exceeds 462 hours at the end of a settlement period, and the
excess hours are not converted into "Banked" day or days in
accordance with paragraph 23.13.7 of this subclause, the hours in excess of 462
will be forfeited.
23.13.7 Subject
to the provisions of paragraphs 23.12.2 and 23.12.3 of this clause, at the end of a settlement
period, a staff member may convert the
hours in excess of 420 into a "Banked" day or days.
23.13.8 A staff
member with AWT at the conclusion of a settlement period that amounts to less
than 420 and greater than 410 hours must carry the appropriate debit hours
forward to the next settlement period.
23.14 Work Outside the
Standard or Agreed Bandwidth (Overtime)
2314.1 The
overtime provisions of this award will apply to work directed to be performed
outside the standard or agreed bandwidth.
23.14.2 Application
of overtime under Flexible Working Hours will be as follows:
(a) If at the
direction of the supervisor, a staff member works outside the standard or
agreed bandwidth, overtime provisions will apply
(b) At the
direction of the supervisor, a staff member may be required to work overtime on
a Monday to Friday, provided that the staff member has worked a minimum of 7
hours within the standard or agreed bandwidth on that day.
23.15 Higher Duties
Allowance
23.15.1 The
parties agree that the implementation of Flexible Working Hours should not
result in additional costs to the NSW Police Force with regard to the payment
of Higher Duties Allowance (HDA).
23.15.2 Where a
staff member performs relief in another position as a result of a
"Banked" day or "Banked" days being taken by the incumbent,
the relief performed will not attract HDA, nor will it be recognised for the
purposes of accruing an entitlement to HDA.
23.15.3 Where a
staff member performs relief in another position as a result of a Flex time day
or Flex time days being taken by the incumbent, the relief performed will not
attract HDA, nor will it be recognised for the purposes of accruing an
entitlement to HDA.
23.15.4 Where
"Banked" days and/or Flex time days are combined with other absences
(ie recreation leave, sick leave, etc), the other absences must be taken as a
continuous block. This continuous block will determine a staff member’s
eligibility to claim an HDA.
23.16 Travelling on
Official Business
23.16.1 Any
travel on official business during the standard or agreed bandwidth on a
working day shall be treated as time worked for the purposes of Flexible
Working Hours.
23.16.2 Staff
members shall be compensated for travelling time outside the standard or agreed
bandwidth in accordance with the provisions of clause 28, Travelling
Compensation of this award.
23.17 Disruption of
Transport
23.17.1 Where a
staff member is delayed or prevented from attending the work place as a result
of a transport strike or a major transport delay, the following conditions will
apply.
(a) The staff
member may commence or cease duty at any time. Time worked on such days will
accumulate in the normal way.
(b) Where a staff
member is unable to attend the work place due to a transport disruption and is
unable to work from home or attend another place of work, the staff member may
take the full day off as an additional Flex time day in the period and may
carry the additional hours forward into the following settlement period.
(c) A staff member
affected by transport disruption will not be debited recreation leave or leave
without pay if the staff member has, as a consequence of the transport delay,
accrued less than 410 hours in the settlement period coinciding with the
transport disruption. However, the staff member must ensure that their adjusted
total of AWT is at least 410 hours at the end of the following settlement
period.
23.18 Separation from
the NSW Police Force
23.18.1 Where a
staff member gives notice or resignation, retirement or transfer to another
government department, the supervisor and staff member will, during the period
of notice, take all reasonable steps to eliminate any accumulated credit or
debit hours, including "Banked Time".
23.18.2 Supervisors
will take all reasonable steps to facilitate the elimination of accumulated
credit or debit hours by such staff members. The provisions relating to Core
time may be varied by the supervisor if necessary.
23.18.3 Staff
members may be directed by the supervisor, in relation to their hours of
attendance, to ensure that AWT is balanced to neither credit nor debit, at the
conclusion of their last day of service. Such direction may include the taking
of "Banked" or Flex time days.
23.18.4 Where a
staff member has an accumulation of debit hours at the completion of the last
day of service, the accumulated recreation leave or moneys owing to that staff
member will be adjusted accordingly.
23.18.5 Where
despite the provisions of this clause, a staff member has an accumulation of
credit hours at the completion of the last day of service, then the accumulated
credit hours are to be paid to the staff member at the current salary
rate. However, if requested by the staff
member and agreed by the new agency, some or all such credit hours may be
carried forward to the new agency.
23.19 Part-Time Staff
Members
23.19.1 Part-time
staff members may accumulate Accrued Work Time (AWT) and have the same rights
to flexible working hours as full-time staff members but calculated on a
pro-rata hours basis. They may not be required to work more than their contract
hours.
23.19.2 A staff
member who is employed under a part-time work arrangement which does not
require fixed starting or finishing times on all the normal working days may
accrue up to the maximum pro-rata accumulated credit and debit entitlements
under Flexible Working Hours.
23.19.3 Contract
hours for a staff member working under a part-time arrangement shall be
calculated on the total number of agreed hours to be worked in a settlement
period.
23.19.4 Pro-rata
Flex time entitlements shall be calculated to the nearest half hour on a
pro-rata basis. Pro-rata Banked time entitlement shall be calculated to the
nearest "Banked" day. When taking either a half or full Flex time
day, the additional time to cover the absence could be made up over the
settlement period with the supervisor’s approval or by taking either recreation
or extended leave.
23.19.5 A staff
member who elects to change from full-time to part-time work by agreement, may
be permitted to exhaust accumulated Flex time entitlements prior to commencing
part-time work, or have any existing accumulated credit balance carried over.
Future entitlements for Flex time from this accumulated credit hour balance
carry over shall be calculated on the basis of fulltime work until exhausted.
23.19.6 A staff
member who changes from part-time to full time employment by agreement, may be
permitted to exhaust accumulated Flex time entitlements prior to commencing
fulltime work, or carry over the entitlement, which until exhausted shall be
calculated in accordance with paragraph 23.19.4 of this subclause.
23.20 Grievances
The parties shall co-operate in the monitoring of the
operation of Flexible Working Hours.
Identified operational and administrative problems may be raised either
at workplace level through the applicable grievance procedures or through the
Joint Consultative Committee.
24. Rostered Days Off
for 38 Hour Week Workers
24.1 The provisions
of this clause apply only to those staff members who work a 38 hour week and
are entitled to a rostered day off in a regular cycle.
24.2 Time for a
rostered day off accrues at 0.4 of an hour each 8 hour day.
24.2.1 Except
as provided in paragraph 24.2.2 of this subclause, all paid ordinary working
time and paid leave count towards accrual of time for the rostered day off.
24.2.2 Limit
- When a long period of approved leave is taken, accrual towards a rostered day
off applies only in respect of the 4 weeks’ period during which the staff
member resumes duty.
24.2.3 Exception
- Notwithstanding the provisions of paragraph 24.2.2 of this subclause, where
more generous provisions apply to the accrual of rostered days off, such
provisions shall continue to apply until renegotiated.
24.3 In the event of
unforeseen circumstances or NSW Police Force operational requirements, the
rostered day off may be deferred and taken at a later more suitable time.
24.4 Where seasonal
or school vacation considerations affect NSW Police Force operations, rostered
days off may be accrued and taken during a less active period.
24.5 A rostered day
off is not to be re-credited if the staff member is ill or incapacitated on a
rostered day off.
24.6 Payment of
higher duties is not to be made to another staff member for undertaking some or
all of the duties of the staff member who is absent on a rostered day off.
25. Non-Compliance
In the event of any persistent failure by a staff
member to comply with the hours of duty required to be worked, the
Commissioner, shall investigate such non compliance as soon as it comes to
notice and shall take appropriate remedial action according to the Commentary
and Guidelines on Conduct and Performance Provisions s67 to 70 of the
Government Sector Employment (GSE) Act , Clause 14 of the GSE Regulation, Parts
2,7 & 8 of the GSE Rules and Public Service Commission Guideline, 2014–004 Performance Development Framework and
supporting guides, as varied from time to time.
In
the
event of any persistent failure by a staff member to comply with the hours of duty required to be worked, the Commissioner,
shall investigate such non compliance as soon as it comes to notice and shall take appropriate remedial action according to the Commentary and Guidelines on Conduct and Performance Provisions, the Government Sector Employment
(GSE) Act, the GSE Regulation, the GSE Rules and Public Service Commission guidelines as published from time to
time.
26. Flexible Work
Practices
26.1 Nothing in this
award shall affect the hours of duty of a staff member who is covered by a
written flexible working hours agreement negotiated under the Flexible Work
Practices, Policy and Guidelines.
26.2 Flexible working
hours agreements negotiated in terms of the NSW Government Flexible Work
Practices, Policy and Guidelines after 28 October 1997 shall be subject to the
conditions specified in this award and in consultation with the Association.
27. Existing Hours of
Work Determinations
Any existing Determinations/Agreements, pursuant to
sections 86 and 87 of the Act on local arrangements in respect of the hours of
work which operated in the NSW Police Force as at the effective date of 9
October 2006 of the Crown Employees (NSW Police Administrative Officers and
Temporary Employees Conditions of Employment) Award 2006 published 1 December
2006 (361 I.G. 977), shall continue to apply until renegotiated.
SECTION 4 -
TRAVEL ARRANGEMENTS
28. Travelling
Compensation
28.1 Any authorised
official travel and associated expenses, properly and reasonably incurred by a
staff member required to perform duty at a location other than their normal
headquarters shall be met by the NSW Police Force.
28.2 The Commissioner
shall require staff members to obtain an authorisation for all official travel
prior to incurring any travel expense.
28.3 Where available
at a particular centre or location, the overnight accommodation to be occupied
by staff members who travel on official business shall be the middle of the
range standard, referred to generally as three star or three diamond standard
of accommodation.
28.4 Where payment of
a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
28.5 The NSW Police
Force will elect whether to pay the accommodation directly or whether a staff
member should pay the accommodation and be compensated in accordance with this
clause. Where practicable, staff members
shall obtain prior approval when making their own arrangements for overnight
accommodation.
28.6 Subject to
subclause 28.14 of this clause, a staff member who is required by the
Commissioner to work from a temporary work location shall be compensated for
accommodation, meal and incidental expenses properly and reasonably incurred
during the time actually spent away from the staff member's residence in order
to perform the work.
28.7 If meals are
provided by the Government at the temporary work location, the staff member
shall not be entitled to claim the meal allowance.
28.8 For the first 35
days, the payment shall be:
28.8.1 where
the NSW Police Force elects to pay the accommodation provider the staff member
shall receive:
(a) the appropriate
meal allowance in accordance with Item 1 of Table 2 - Allowances of Part B
Monetary Rates, and
(b) incidentals as
set out in Item 3 of Table 2 - Allowances of Part B Monetary Rates, and
(c) actual meal
expenses properly and reasonably incurred (excluding morning and afternoon
teas) for any residual part day travel;
28.8.2 where
the NSW Police Force elects not to pay the accommodation provider the staff member
shall elect to receive either:
(a) the appropriate
rate of allowance specified in Item 2 of Table 2 - Allowances of Part B
Monetary Rates and actual meal expenses properly and reasonably incurred
(excluding morning and afternoon teas) for any residual part day travel; or
(b) in lieu of
subparagraph (a) of this paragraph, payment of the actual expenses properly and
reasonably incurred for the whole trip on official business (excluding morning
and afternoon teas) together with an incidental expenses allowance set out in
Item 2 of Table 2 - Allowances of Part B Monetary Rates.
28.9 Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the Commissioner that, despite the period of
absence being of less than 24 hours duration, expenditure for accommodation and
three meals has been incurred.
28.10 Where a staff
member is unable to so satisfy the Commissioner, the allowance payable for part
days of travel shall be limited to the expenses incurred during such part day
travel.
28.11 After the first 35
days - If a staff member is required by the Commissioner to work in the same
temporary work location for more than 35 days, such staff member shall be paid
the appropriate rate of allowance as specified in Item 2 of Table 2 -
Allowances of Part B Monetary Rates.
28.12 Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subclause 28.11 of this clause, the NSW Police Force could make
alternative arrangements for meeting the additional living expenses, properly
and reasonably incurred by a staff member working from a temporary work
location.
28.13 The return of a
staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location shall not
constitute a break in the temporary work arrangement.
28.14 This clause does
not apply to staff members who are on an employee-initiated secondment in
accordance with section 95 and or 95A of the Act.
29. Excess Travelling
Time
29.1 Excess
Travelling Time - A staff member directed by the Commissioner to travel on
official business outside the usual hours of duty to perform duty at a location
other than normal headquarters will, at the Commissioner’s discretion, be
compensated for such time either by:
29.1.1 Payment
calculated in accordance with the provisions contained in this clause; or
29.1.2 If it
is operationally convenient, by taking equivalent time off in lieu to be
granted for excess time spent in travelling on official business. Such time in lieu must be taken within 1
month of accrual unless otherwise authorised by the staff member’s manager.
29.2 Compensation
under paragraphs 29.1.1 or 29.1.2 of this clause, shall be subject to the
following conditions:
29.2.1 On a
non-working day - subject to the provisions of paragraphs 29.3.4, 29.3.5,
29.3.6 and 29.3.7 of this clause all time spent travelling on official
business;
29.2.2 On a
working day - subject to the provisions of subclause 29.3 of this clause, all
time spent travelling on official business outside the usual hours of duty,
provided the period for which compensation is being
sought is more than a half an hour on any one day.
29.3 Compensation for
excess travelling time shall exclude the following:
29.3.1 Time
normally taken for the periodic journey from home to headquarters and return;
29.3.2 Any
periods of excess travel of less than 30 minutes on any one day;
29.3.3 Travel
to new headquarters on permanent transfer, if special leave has been granted
for the day or days on which travel is to be undertaken;
29.3.4 Time
from 11.00 p.m. on one day to 7.30 a.m. on the following day if sleeping
facilities have been provided.
29.3.5 Travel
not undertaken by the most practical available route and by the most practical
and economic means of transport;
29.3.6 Working
on board ship where meals and accommodation are provided;
29.3.7 Any
travel undertaken by a member of staff whose salary includes an all incidents
of employment component;
29.3.8 Time
within the flex time bandwidth;
29.3.9 Travel
overseas;
29.3.10 For
staff members under Flexible Working Hours any travel on official business
during the standard or agreed bandwidth on a working day shall be treated as
time worked.
29.4 Payment -
Payment for travelling time calculated in terms of this clause shall be at the
staff member’s ordinary rate of pay on an hourly basis calculated as follows:
Annual salary
|
X
|
5
|
X
|
1
|
1
|
|
260.89
|
|
Normal hours of
work
|
29.5 The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
29.6 Staff members
whose salary is in excess of the maximum rate for Clerk, Grade 5 shall be paid
travelling time or waiting time calculated at the maximum rate for Clerk, Grade
5 plus $1.00 per annum, as adjusted from time to time.
29.7 Time off in lieu
or payment for excess travelling time or waiting time will not be granted or
made for more than eight hours in any period of 24 consecutive hours.
30. Waiting Time
When a staff member travelling on official business is
required to wait for transport in order to commence a journey to another
location or to return home or headquarters and such time is outside the normal
hours of duty, the waiting time shall be treated and compensated for in the
same manner as excess travelling time pursuant to clause 29, Excess Travelling
Time.
31. Meal Expenses on
One-Day Journeys
31.1 A staff member
who is authorised by the Commissioner to undertake a one-day journey on
official business which does not require the staff member to obtain overnight
accommodation, shall be paid the appropriate rate of allowance set out in Item
1 - Allowances of Table 2 of Part B Monetary Rates for:-
31.1.1 Breakfast
when required to commence travel at or before 6.00 a.m. and at least 1 hour
before the prescribed starting time;
31.1.2 An
evening meal when required to travel until or beyond 6.30 p.m.; and
31.1.3 Lunch
when required to travel a total distance on the day of at least 100 kilometres
and, as a result, is located at a distance of at least 50 kilometres from the
staff member’s normal headquarters at the time of taking the normal lunch
break.
32. Restrictions on
Payment of Travelling Allowances
32.1 An allowance
under clause 28, Travelling Compensation is not payable in respect of:
32.1.1 Any
period during which the staff member returns to their residence at weekends or
public holidays, commencing with the time of arrival at that residence and
ending at the time of departure from the residence;
32.1.2 Any
period of leave, except with the approval of the Commissioner or as otherwise
provided by this clause; or
32.1.3 Any
other period during which the staff member is absent from the staff member's
temporary work location otherwise than on official duty.
32.2 A staff member
who is in receipt of an allowance under clause 28, Travelling Compensation
shall be entitled to the allowance in the following circumstances:
32.2.1 When
granted special leave to return to their residence at a weekend, for the
necessary period of travel for the journey from the temporary work location to
the staff member's residence; and for the return journey from the staff
member's residence to the temporary work location, or
32.2.2 When
leaving a temporary work location on ceasing to perform duty at or from a
temporary work location, for the necessary period of travel to return to the
staff member's residence or to take up duty at another temporary work location;
but is not entitled to any other allowance in respect
of the same period.
33. Increase Or
Reduction in Payment of Travelling Allowances
33.1 Where the Commissioner
is satisfied that a travelling allowance is:
33.1.1 Insufficient
to adequately reimburse the staff member for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the staff member for the
additional expenses incurred; or
33.1.2 In
excess of the amount which would adequately reimburse the staff member for
expenses properly and reasonably incurred, the allowance may be reduced to an
amount which would reimburse the staff member for expenses incurred properly
and reasonably.
34. Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Commissioner is prepared to accept other
evidence from the staff member.
35. Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the Commissioner having regard to the safety of the staff member
or members travelling on official business and local conditions applicable in
the area. Where staff members are required to attend conferences or seminars
which involve evening sessions or staff members are required to make an early
start at work in a location away from their normal workplace, overnight
accommodation shall be appropriately granted by the Commissioner.
SECTION 5 -
ALLOWANCES AND OTHER MATTERS
36. Camping Allowances
36.1 Except as
provided in an Award, Agreement or Determination, payment of the camping
allowance applies to a staff member who is:-
36.1.1 In
receipt of a camping equipment allowance under clause 40, Camping Equipment Allowance
of this award; or
36.1.2 Provided
with camping equipment by the NSW Police Force; or
36.1.3 Reimbursed
by the NSW Police Force for the cost of hiring camping equipment.
36.2 When required to
camp in connection with the performance of official duties, a staff member
shall be paid an allowance for the expenses incurred in camping as follows:
36.2.1 The
daily rate specified in Item 4 of Table 2 of Part B Monetary Rates for all
expenses; and
36.2.2 Where
required to camp for more than 40 nights in any calendar year - that daily rate
plus the additional rate for that year as specified in Item 4 of Table 2 -
Allowances of Part B of Monetary Rates.
36.3 Where the
Commissioner is satisfied that it was not reasonable in the circumstances for
the staff member to camp, a staff member who is entitled to a camping allowance
shall be paid a travelling allowance under clause 28, Travelling
Compensation of this award instead of
the camping allowance.
36.4 A staff member
who is paid a remote areas allowance under clause 41, Allowance for Living in a
Remote Area of this award is entitled to continue to receive that allowance
while receiving a camping allowance.
37. Composite
Allowance
37.1 A staff member
who is required to perform official duty in the field; and on some occasions,
is required to camp and on other occasions resides in accommodation for which
an allowance is payable under Clause 28 Travelling Compensation of this award,
may elect to be paid an all inclusive allowance for accommodation, meals and
incidental expenses incurred as a result of being required to work in the
field.
37.2 The rate of the
allowance under this clause shall be the daily rate for all expenses as shown
in Item 5 of Table 2 - Allowances of Part B Monetary Rates.
37.3 In order to be
paid the composite allowance under this clause, the staff member shall submit
to the Commissioner an election each 12 months. If the election is not made by
the staff member or not approved by the Commissioner, travelling or camping
allowances under clauses 28 or 36 of this award, whichever is appropriate,
shall apply.
37.4 An election
under subclause 37.2 of this clause is revocable 12 months after it is made,
unless the staff member changes classification.
37.5 A staff member
who elects to receive the composite allowance is entitled to payment of the
allowance, regardless of whether they are required to camp, or are residing
temporarily in hotels, motels or other fixed establishments in order to perform
official duties in the field (except as provided in subclause 37.5 of this
clause).
37.6 On occasions
when a staff member receiving a composite allowance is provided with
accommodation by the Government, the allowance ceases. The incidental expenses allowances and
reimbursement for any meal expenses properly and reasonably incurred and not
provided by the Government are to be paid in accordance with clause 28,
Travelling Compensation of this award.
37.7 The amount of
composite allowance payable per hour for a portion of a day is in all cases 1/24th
of the appropriate daily rate. When the time taken is a fraction of an hour,
periods of less than a half hour are disregarded while periods between a half
hour and 1 hour are counted as 1 hour (that is, the time is rounded to the
nearest hour).
37.8 A staff member
who receives a composite allowance is entitled to the camping equipment
allowance if the Commissioner certifies that it is necessary for the staff
member to provide camping equipment at personal expense.
38. Allowance Payable
for Use of Private Motor Vehicle
38.1 The Commissioner
may authorise a staff member to use a private motor vehicle for work where:
38.1.1 Such
use will result in greater efficiency or involve the NSW Police Force in less
expense than if travel were undertaken by other means; or
38.1.2 Where
the staff member is unable to use other means of transport due to a disability.
38.2 A staff member
who, with the approval of the Commissioner, uses a private motor vehicle for
work shall be paid an appropriate rate of allowance specified in Item 6 of
Table 2 of Part B Monetary Rates for the use of such private motor vehicle. A
deduction from the allowance payable is to be made for travel as described in
subclause 38.4 of this clause.
38.3 Different levels
of allowance are payable for the use of a private motor vehicle for work
depending on the circumstances and the purpose for which the vehicle is used.
38.3.1 The
casual rate is payable if a staff member elects, with the approval of the
Commissioner, to use their vehicle for occasional travel for work. This is subject to the allowance paid for the
travel not exceeding the cost of travel by public or other available transport.
38.3.2 The
official business rate is payable if a staff member is directed, and agrees, to
use the vehicle for official business and there is no other transport
available. It is also payable where the
staff member is unable to use other transport due to a disability. The official business rate includes a
component to compensate a staff member for owning and maintaining the vehicle.
38.4 Deduction from
allowance
38.4.1 Except
as otherwise specified in this award, a staff member shall bear the cost of
ordinary daily travel by private motor vehicle between the staff member's
residence and headquarters and for any distance travelled in a private
capacity. A deduction will be made from any motor vehicle allowance paid, in
respect of such travel.
38.4.2 In
this subclause "headquarters" means the administrative headquarters
to which the staff member is attached or from which the staff member is
required to operate on a long term basis or the designated headquarters per
paragraph 38.4.3 of this subclause.
38.4.3 Designated
headquarters
(a) Where the
administrative headquarters of the staff member to which they are attached is
not within the typical work area in which the staff member is required to use
the private vehicle on official business, the distance to and from a point
designated within the typical work area is to be adopted as the distance to and
from the headquarters for the purpose of calculating the daily deduction.
(b) A staff
member's residence may be designated as their headquarters provided that such
recognition does not result in a further amount of allowance being incurred
than would otherwise be the case.
38.4.4 On
days when a staff member uses a private vehicle for official business and
travels to and from home, whether or not the staff member during that day
visits headquarters, a deduction is to be made from the total distance
travelled on the day. The deduction is
to equal the distance from the staff member's residence to their headquarters
and return or 20 kilometres (whichever is the lesser) and any distance that is
travelled in a private capacity.
38.4.5 Where
a headquarters has been designated per subparagraph 38.4.3(a) of this subclause
and the staff member is required to attend the administrative headquarters, the
distance for calculating the daily deduction is to be the actual distance to
and from the administrative headquarters, or, to and from the designated
headquarters, whichever is the lesser.
38.4.6 Deductions
are not to be applied in respect of days characterised as follows.
(a) When staying
away from home overnight, including the day of return from any itinerary.
(b) When the staff
member uses the vehicle on official business and returns it to home prior to
travelling to the headquarters by other means of transport at their own
expense.
(c) When the staff
member uses the vehicle for official business after normal working hours.
(d) When the
monthly claim voucher shows official use of the vehicle has occurred on one day
only in any week. Exemption from the deduction under this subparagraph is
exclusive of, and not in addition to, days referred to in subparagraphs (a),
(b) and (c) of this paragraph.
(e) When the staff
member buys a weekly or other periodical rail or bus ticket, provided the
Commissioner is satisfied that:
(i) at the time
of purchasing the periodical ticket the staff member did not envisage the use
of their private motor vehicle on approved official business;
(ii) the
periodical ticket was in fact purchased; and
(iii) in regard to
train travellers, no allowance is to be paid in respect of distance between the
staff member’s home and the railway station or other intermediate transport
stopping place.
38.5 The staff member
must have in force in respect of a motor vehicle used for work, in addition to
any policy required to be affected or maintained under the Motor Vehicles
(Third Party Insurance) Act 1942, a comprehensive motor vehicle insurance
policy to an amount and in a form approved by the Commissioner.
38.6 Expenses such as
tolls etc. shall be refunded to staff members where the charge was incurred
during approved work related travel.
38.7 Where a staff
member tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the staff member shall be entitled to
an additional allowance as prescribed in Item 6 of Table 3 - Allowances of Part
B Monetary Rates.
39. Damage to Private
Motor Vehicle Used for Work
39.1 Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer shall be reimbursed by the NSW Police Force,
provided:
39.1.1 The
damage is not due to gross negligence by the staff member; and
39.1.2 The
charges claimed by the staff member are not the charges prescribed by the
insurer as punitive excess charges.
39.2 Provided the
damage is not the fault of the staff member, the NSW Police Force shall
reimburse to a staff member the costs of repairs to a broken windscreen, if the
staff member can demonstrate that:
39.2.1 The
damage was sustained on approved work activities; and
39.2.2 The
costs cannot be met under the insurance policy due to excess clauses.
40. Camping Equipment
Allowance
40.1 In this clause,
"camping equipment" includes instrument and travelling equipment.
40.2 A staff member
who provides camping equipment required for the performance of official duties
shall be paid a camping equipment allowance at the rate specified in Item 7 of
Table 2 - Allowances of Part B Monetary Rates for the expense of providing the
equipment.
40.3 A staff member
who provides own bedding and sleeping bag while camping on official business,
shall be paid an additional allowance at the rate specified in Item 7 of Table
2 - Allowances of Part B Monetary Rates.
41. Allowance for
Living in a Remote Area
41.1 A staff member
shall be paid an allowance for the increased cost of living and the climatic
conditions in a remote area, if:
41.1.1 Indefinitely
stationed and living in a remote area as defined in subclause 41.2 of this
clause; or
41.1.2 Not
indefinitely stationed in a remote area but because of the difficulty in
obtaining suitable accommodation compelled to live in a remote area as defined
in subclause 41.2 of this clause.
41.2 Grade of
appropriate allowance payable under this clause shall be determined as follows:
41.2.1 Grade
A allowances - the appropriate rate shown as Grade A in Item 8 of Table 2 -
Allowances of Part B Monetary Rates in respect of all locations in an area of
the State situated on or to the west of a line starting from the right bank of
the Murray River opposite Swan Hill and then passing through the following
towns or localities in the following order, namely: Conargo, Coleambally, Hay,
Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone,
Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and includes a
place situated in any such town or locality, except as specified in paragraphs
41.2.2 and 41.2.3 of this subclause;
41.2.2 Grade
B allowances - the appropriate rate shown as Grade B in Item 8 of Table 2 -
Allowances of Part B Monetary Rates; in respect of the towns and localities of
Angledool, Barringun, Bourke, Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe,
Lake Mungo, Lightning Ridge, Louth, Mungindi, Pooncarie, Redbank, Walgett,
Wanaaring, Weilmoringle, White Cliffs, Wilcannia and Willandra;
41.2.3 Grade
C allowances - the appropriate rate shown as Grade C in Item 8 of Table 2 -
Allowances of Part B Monetary Rates in respect of the localities of Fort Grey,
Mutawintji, Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yathong.
41.3 The dependant
rate for each grade is payable where
41.3.1 the
staff member has a dependant as defined; and
41.3.2 the
staff member’s dependant(s) resides within the area that attracts the remote
area allowance; and
41.3.3 the
staff member’s spouse, if also employed in the service of the Crown, is not in
receipt of an allowance under this clause, unless each spouse resides at a
separate location within the remote area.
41.4 For the purposes
of this clause dependant is defined as
41.4.1 the
spouse of the staff member (including a de facto spouse);
41.4.2 each
child of the staff member aged eighteen years or under;
41.4.3 each
son and daughter of the staff member aged more than eighteen years but less
than twenty-six years who remains a student in full time education or training
at a recognised educational institution, or who is an apprentice; and
41.4.4 any
other person who is part of the staff member’s household and who is, in the
opinion of the Commissioner, substantially financially dependent on the staff member.
41.5 NSW Police Force
temporary employees, such as relief staff, who are employed for short periods
are not eligible to receive a remote areas allowance.
41.6 A staff member
who is a volunteer part-time member of the Defence Force and receives the
remote area allowance at the non-dependant rate is not paid the allowance while
on military leave
41.7 A staff member
who is a volunteer part-time member of the Defence Forces and receives the
remote area allowance at the dependant rate may continue to receive the
allowance at the normal rate for the duration of the military leave provided
that:
41.7.1 the
staff member continues in employment; and
41.7.2 the
dependants continue to reside in the area specified; and
41.7.3 military
pay does not exceed the NSW Police Force salary plus the remote areas
allowance.
If the military salary exceeds the NSW Police Force
salary plus the allowance at the dependant rate, the allowance is to be reduced
to the non-dependant rate.
42. Assistance to
Staff Members Stationed in a Remote Area When Travelling on Recreation Leave
42.1 A staff member
who:
42.1.1 Is
indefinitely stationed in a remote area of the State of New South Wales
situated to the west of the 144th meridian of longitude or such other area to
the west of the 145th meridian of longitude as determined by the Director -
General; and
42.1.2 Proceeds
on recreation leave to any place which is at least 480 kilometres by the
nearest practicable route from the staff member's work location in that area,
shall be paid an allowance once in any period of 12 months at the appropriate
rate shown in Item 9 of Table 2 - Allowances of Part B Monetary Rates for the
additional costs of travel.
42.2 Dependant in
this clause has the same meaning as subclause 41.4 of clause 41, Allowance for
Living in a Remote Area of this award.
42.3 Allowances under
this clause do not apply to staff members who have less than three years
service and who, at the date of engagement, were resident in the defined area.
43. Overseas Travel
Unless the Commissioner determines that a staff member
shall be paid travelling rates especially determined for the occasion, a staff
member required by the NSW Police Force to travel overseas on official
business, shall be paid the appropriate overseas travelling allowance rates as
specified in the relevant Department of Premier and Cabinet Circular as issued
from time to time.
44. Exchanges
44.1 The Commissioner
may arrange two way or one way exchanges with other organisations both public
and private, if the NSW Police Force or the staff member will benefit from
additional training and development which is intended to be used in the
carrying out of NSW Police Force business.
44.2 The conditions
applicable to those staff members who participate in exchanges will be
determined by the Commissioner according to the individual circumstances in
each case (Item 11 of Table 2 - Allowances of Part B Monetary Rates).
44.3 The provisions
of this subclause do not apply to the loan of services of staff members to the
Association. The provisions of clause
57, Conditions Applying to On Loan Arrangements of this award apply to staff
members who are loaned to the Association.
45. Room at Home Used
as Office
45.1 Where no NSW
Police Force office is provided in a particular location - Where it is
impractical to provide an office in a particular location, staff members
stationed in such a location may be required to use a spare room at their home
as an office. In such cases, the NSW Police Force will be responsible for
providing furniture, telephone and other equipment, as required. In addition,
an allowance as specified in Item 12 of Table 2 - Allowances of Part B Monetary
Rates is payable for the use of a room at home as an office.
45.2 Where an office
exists in a particular location - Where a NSW Police Force office or offices
already exist in a particular location but the staff member and the manager
agree that the staff member could work from home on a short term or longer term
basis, the arrangement shall be negotiated in accordance with the provisions of
Flexible Work Practices, Policy and Guidelines.
The allowance set out in subclause 45.1 of this clause shall not apply
in these circumstances.
45.3 Requirements -
Arrangements under subclauses 45.1 or 45.2 of this clause shall be subject to:
45.3.1 A
formal agreement being reached in respect of the hours to be worked; and
45.3.2 The
work health and safety, provision of equipment requirements and any other
relevant conditions specified in Part 2, Section 7 Working from Home in the
Flexible Work Practices, Policy and Guidelines.
46. Semi-Official
Telephones
46.1 Reimbursement of
expenses associated with a private telephone service installed at the residence
of a staff member shall be made as specified in this clause if the staff member
is required to be contacted or is required to contact others in connection with
the duties of his/her position in the NSW Police Force, as and when required.
46.2 The service must
be located in the staff member's principal place of residence and its telephone
number communicated to all persons entitled to have out of hours contact with
the staff member.
46.3 The
semi-official telephone allowance applies to staff members who are required, as
part of their duties to:
46.3.1 Give
decisions, supply information or provide emergency services; and/or
46.3.2 Be
available for reasons of safety or security for contact by the public outside
of normal office hours.
46.4 Unless better
provisions already apply to a staff member or a staff member has been provided
with an official telephone, reimbursement of expenses under this clause shall
be limited to the following:
46.4.1 The
connection fee for a telephone service, if the service is not already available
at the staff member's principal place of residence;
46.4.2 The
full annual base rental charged for the telephone service regardless of whether
any official calls have been made during the period; and
46.4.3 The
full cost of official local, STD and ISD calls.
46.5 To be eligible
for reimbursement, staff must submit their telephone account and a statement
showing details of all official calls, including:
46.5.1 Date,
time, length of call and estimated cost;
46.5.2 Name
and phone number of the person to whom call was made; and
46.5.3 Reason
for the call.
47. Flying Allowance
Staff members, other than those employed to fly
aircraft, shall be paid an allowance as specified in Item 14 of Table 2 -
Allowances of Part B Monetary Rates when required to work from an in flight
situation. The flying allowance payable under this clause shall be paid in
addition to any other entitlement for the time actually spent working in the
aircraft.
48. Uniforms,
Protective Clothing and Laundry Allowance
48.1 Uniform, etc.
provided by NSW Police Force - A staff member who is required or authorised by
the Commissioner to wear a uniform, protective clothing or other specialised
clothing in connection with the performance of official duties shall be
provided by the NSW Police Force with such clothing and shall be paid an
allowance at the rate specified in Item 16 of Table 2 - Allowances of Part B
Monetary Rates for laundering the uniform or protective clothing, unless the
staff member is entitled to receive a laundry allowance under another
industrial instrument.
48.2 Where payment of
the laundry allowance is not appropriate because of the specialised nature of
the clothing, the cost of maintaining such clothing shall be met by the NSW
Police Force.
48.3 Uniform, etc.
provided by the staff member - Where the uniform, protective clothing or other
specialised clothing is provided by the staff member, such staff member shall
be reimbursed the cost of the uniform, protective clothing or other specialised
clothing.
49. Compensation for
Damage to Or Loss of Staff Member’s Personal Property
49.1 Where damage to
or loss of the staff member's personal property occurs in the course of
employment, a claim may be lodged under the Workers Compensation Act 1987
and/or under any insurance policy of the NSW Police Force covering the damage
to or loss of the personal property of the staff member.
49.2 If a claim under
subclause 49.1 of this clause is rejected by the insurer, the Commissioner may
compensate a staff member for the damage to or loss of personal property, if
such damage or loss:
49.2.1 Is
due to the negligence of the NSW Police Force, another staff member, or both,
in the performance of their duties; or
49.2.2 Is
caused by a defect in a staff member's material or equipment; or
49.2.3 Results
from a staff member’s protection of or attempt to protect NSW Police Force
property from loss or damage.
49.3 Compensation in
terms of subclause 49.2 of this clause shall be limited to the amount necessary
to repair the damaged item. Where the item cannot be repaired or is lost, the
Commissioner may pay the cost of a replacement item, provided the item is
identical to or only marginally different from the damaged or lost item and the
claim is supported by satisfactory evidence as to the price of the replacement
item.
49.4 For the purpose
of this clause, personal property means a staff member's clothes, spectacles,
hearing-aid, tools of trade or similar items which are ordinarily required for
the performance of the staff member’s duties.
49.5 Compensation for
the damage sustained shall be made by the NSW Police Force where, in the course
of work, clothing or items such as spectacles, hearing aids, etc, are damaged
or destroyed by natural disasters or by theft or vandalism.
50. Garage and Carport
Allowance
50.1 Where a staff
member garages a NSW Police Force vehicle in their own garage or carport and
the use of the garage or carport is considered essential by the Commissioner,
such staff member shall be paid an appropriate rate of allowance as specified
in Item 16 of Table 2 - Allowances of Part B, Monetary Rates.
50.2 Payment of the
garage or carport allowance shall continue during periods when the staff member
is absent from headquarters.
51. Community Language
Allowance Scheme (ClAS)
51.1 Staff members
who possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients and
such staff members are not:
51.1.1 Employed
as interpreters and translators; and
51.1.2 Employed
in those positions where particular language skills are an integral part of
essential requirements of the position,
shall be paid an allowance as specified in Item 17 of
Table 2 - Allowances of Part B Monetary Rates, subject to subclauses 51.2 and
51.3 of this clause.
51.2 The base level
of the CLAS is paid to staff members who:
51.2.1 are
required to meet occasional demands for language assistance (there is no
regular pattern of demand for their skill); and
51.2.2 have
passed an examination administered by the Community Relations Commission or who
have a National Accreditation Authority for Translators and Interpreters
(NAATI) language Recognition award.
51.3 The higher level
of CLAS is paid to staff members who meet the requirements for the base level
of payment and:
51.3.1 are
regularly required to meet high levels of customer demand involving a regular
pattern of usage of the staff member’s language skills, as determined by the
Commissioner; or
51.3.2 have
achieved qualifications of NAATI interpreter level or above. This recognises
that staff with higher levels of language skill will communicate with an
enhanced degree of efficiency and effectiveness.
52. First Aid
Allowance
52.1 A staff member
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such staff member as specified
in Item 18 of Table 2 - Allowances of Part B Monetary Rates.
52.2 The First Aid
Allowance - Basic Qualifications rate will apply to a staff member appointed as
a First Aid Officer who holds a St John’s Ambulance Certificate or equivalent
qualifications (such as the Civil Defence or the Red Cross Society’s First Aid
Certificates) issued within the previous three years.
52.3 The Holders of
current Occupational First Aid Certificate Allowance rate will apply to a staff
member appointed as a First Aid Officer who:
52.3.1 is
appointed to be in charge of a First-Aid room in a workplace of 200 or more
staff members (100 for construction sites); and
52.3.2 holds
an Occupational First-Aid Certificate issued within the previous three years.
52.4 The First Aid
Allowance shall not be paid during leave of one week or more.
52.5 When the First
Aid Officer is absent on leave for one week or more and another qualified staff
member is selected to relieve in the First Aid Officer's position, such staff
member shall be paid a pro rata first aid allowance for assuming the duties of
a First Aid Officer.
52.6 First Aid
Officers may be permitted to attend training and retraining courses conducted
during normal hours of duty. The cost of training staff members who do not
already possess qualifications and who need to be trained to meet NSW Police
Force needs, and the cost of retraining First Aid Officers, are to be met by
the NSW Police Force.
53. Review of
Allowances Payable in Terms of This Award
53.1 Adjustment of
Allowances - Allowances contained in this award shall be reviewed as follows:
53.1.1 Allowances
listed in this paragraph will be determined at a level consistent with the
reasonable allowances amounts for the appropriate income year as published by
the Australian Taxation Office (ATO).
(a) Clause 28, Travelling
Compensation;
(b) Clause 31, Meal
Expenses on One Day Journeys;
(c) Clause 96,
Overtime Meal Allowances.
53.1.2 Allowances
listed in this paragraph will be determined and become effective from 1 July
each year at a level consistent with the reasonable allowances amounts as
published at or before that time by the Australian Taxation Office (ATO):
(a) Clause 38,
Allowances Payable for the Use of Private Motor Vehicles.
53.1.3 Allowances
payable in terms of clauses listed in this paragraph shall be adjusted on 1
July each year in line with the increases in the Consumer Price Index for
Sydney during the preceding year (March quarter figures):
(a) Clause 36,
Camping Allowances;
(b) Clause 37,
Composite Allowance;
(c) Clause 40,
Camping Equipment Allowance;
(d) Clause 41 ,
Allowance for Living in a Remote Area;
(e) Clause 42,
Assistance to Staff Members Stationed in a Remote Area When Travelling on
Recreation Leave;
(f) Clause 45,
Room at Home used as Office;
(g) Clause 48,
Uniforms, Protective Clothing and Laundry Allowance;
(h) Clause 50,
Garage and Carport Allowance.
53.1.4 Allowances
payable in terms of clauses listed in this paragraph shall continue to be
subject to a percentage increase under an Award, Agreement or Determination and
shall be adjusted on and from the date or pay period the percentage increase
takes effect:
(a) Clause 47,
Flying Allowance;
(b) Clause 51,
Community Language Allowance Scheme (CLAS);
(c) Clause 52,
First Aid Allowance;
(d) Clause 94,
On-Call (Stand-by) and On-Call Allowance.
SECTION 6 - UNION
CONSULTATION, ACCESS AND ACTIVITIES
54. Trade Union
Activities Regarded as on Duty
54.1 An Association
delegate will be released from the performance of normal duty with the NSW
Police Force when required to undertake any of the activities specified
below. While undertaking such activities
the Association delegate will be regarded as being on duty and will not be
required to apply for leave:
54.1.1 Attendance
at meetings of the workplace's Health
and Safety Committee and participation in all official activities relating to
the functions and responsibilities of elected
Health and Safety Committee members at a place of work as provided for
in the Work Health and Safety Act 2011 and the Work Health and Safety
Regulation 2011.
54.1.2 Attendance
at meetings with workplace management or workplace management representatives;
54.1.3 A
reasonable period of preparation time, before:
(a) Meetings with
management;
(b) Disciplinary or
grievance meetings when an Association member requires the presence of an
Association delegate; and
(c) Any other
meeting with management,
by agreement with management, where operational
requirements allow the taking of such time;
54.1.4 Giving
evidence in court on behalf of the employer;
54.1.5 Appearing
as a witness before the Industrial Relations Commission for promotional or
disciplinary appeals.
54.1.6 Representing
the Association at the Industrial Relations Commission in relation to
promotional or disciplinary appeals.
54.1.7 Presenting
information on the Association and Association activities at induction sessions
for new staff of the NSW Police Force; and
54.1.8 Distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is to be kept to a minimum
and is to be undertaken at a time convenient to the workplace.
55. Trade Union
Activities Regarded as Special Leave
55.1 The granting of
special leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:-
55.1.1 Annual
or biennial conferences of the Association;
55.1.2 Meetings
of the Association 's Executive, Committee of Management or Councils;
55.1.3 Annual
conference of the Unions NSW and the biennial Congress of the Australian
Council of Trade Unions;
55.1.4 Attendance
at meetings called by Unions NSW and or the Public Service Commission involving
the Association which requires attendance of a delegate;
55.1.5 Attendance
at meetings called by the Commissioner, as the employer for industrial
purposes, as and when required;
55.1.6 Giving
evidence before an Industrial Tribunal as a witness for the Association;
55.1.7 Reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 54, 55and 56 of this award apply.
56. Trade Union
Training Courses
56.1 The following
training courses will attract the grant of special leave as specified below:-
56.1.1 Accredited
Work Health and Safety (WH&S) courses and any other accredited WH&S
training for WH&S Committee members. The provider(s) of accredited OH&S
training courses and the conditions, on which special leave for such courses
will be granted, shall be negotiated between the Commissioner and the
Association under a local arrangement pursuant to clause 12, Local Arrangements
of this award.
56.1.2 Courses
organised and conducted by the Trade Union Education Foundation or by the
Association or a training provider nominated by the Association. A maximum of
12 working days in any period of 2 years applies to this training and is
subject to:
(a) The operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(b) Payment being
at the base rate, ie excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(c) All travelling
and associated expenses being met by the staff member or the Association;
(d) Attendance
being confirmed in writing by the Association or a nominated training provider.
57. Conditions
Applying to on Loan Arrangements
57.1 Subject to the
operational requirements of the workplace, on loan arrangements will apply to
the following activities:
57.1.1 Meetings
interstate or in NSW of a Federal nature to which an Association member has
been nominated or elected by the Association:-
(a) As an Executive
Member; or
(b) A member of a
Federal Council; or
(c) Vocational or
industry committee.
57.1.2 Briefing
counsel on behalf of the Association;
57.1.3 Assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
57.1.4 Country
tours undertaken by a member of the executive or Council of the Association;
57.1.5 Taking
up of full time duties with the Association if elected to the office of
President, General Secretary or to another full time position with the
Association.
57.1.6 Financial
Arrangements - The following financial arrangements apply to the occasions when
a staff member is placed "on loan" to the Association:-
(a) The NSW Police
Force will continue to pay the delegate or an authorised Association
representative whose services are on loan to the Association;
(b) The NSW Police
Force will seek reimbursement from the Association at regular intervals of all
salary and associated on costs, including superannuation, as specified by the
NSW Treasury from time to time.
(c) Agreement with
the Association on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between the Commissioner and the Association.
57.1.7 Recognition
of "on loan" arrangement as service - On loan arrangements negotiated
in terms of this clause are to be regarded as service for the accrual of all
leave and for incremental progression.
57.1.8 Limitation
- On loan arrangements may apply to full-time or part-time staff and are to be
kept to the minimum time required. Where the Association needs to extend an on
loan arrangement, the Association shall approach the Commissioner in writing
for an extension of time well in advance of the expiration of the current
period of on loan arrangement.
57.1.9 Where
the Commissioner and the Association cannot agree on the on loan arrangement,
the matter is to be referred to the Director - General for determination after
consultation with the Commissioner and the Association.
58. Period of Notice
for Trade Union Activities
The Commissioner must be notified in writing by the
Association or, where appropriate, by the accredited delegate as soon as the
date and/or time of the meeting, conference or other accredited activity is
known.
59. Access to
Facilities By Trade Union Delegates
59.1 The workplace
shall provide accredited delegates with reasonable access to the following
facilities for authorised Association activities:
59.1.1 Telephone,
facsimile, internet and E-mail facilities;
59.1.2 A
notice board for material authorised by the Association or access to staff
notice boards for material authorised by the Association;
59.1.3 Workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
60. Responsibilities
of the Trade Union Delegate
60.1 Responsibilities
of the Association delegate are to:
60.1.1 Establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
60.1.2 Participate
in the workplace consultative processes, as appropriate;
60.1.3 Follow
the dispute settling procedure applicable in the workplace;
60.1.4 Provide
sufficient notice to the immediate supervisor of any proposed absence on
authorised Association business;
60.1.5 Account
for all time spent on authorised Association business;
60.1.6 When
special leave is required, to apply for special leave in advance;
60.1.7 Distribute
Association literature/membership forms, under local arrangements negotiated
between the Commissioner and the Association; and
60.1.8 Use
any facilities provided by the workplace properly and reasonably as negotiated
at organisational level.
61. Responsibilities
of the Trade Union
61.1 Responsibilities
of the Association are to:
61.1.1 Provide
written advice to the Commissioner about an Association activity to be
undertaken by an accredited delegate and, if requested, to provide written
confirmation to the workplace management of the delegate's
attendance/participation in the activity;
61.1.2 Meet
all travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in paragraph 62.1.3 of clause 62, Responsibilities
of Workplace Management;
61.1.3 Pay
promptly any monies owing to the workplace under a negotiated on loan
arrangement;
61.1.4 Provide
proof of identity when visiting a workplace in an official capacity, if
requested to do so by management;
61.1.5 Apply
to the Commissioner well in advance of any proposed extension to the "on
loan" arrangement;
61.1.6 Assist
the workplace management in ensuring that time taken by the Association
delegate is accounted for and any facilities provided by the employer are used
reasonably and properly; and
61.1.7 Advise
employer of any leave taken by the Association delegate during the on loan
arrangement.
62. Responsibilities
of Workplace Management
62.1 Where time is
required for Association activities in accordance with this clause the
responsibilities of the workplace management are to:
62.1.1 Release
the accredited delegate from duty for the duration of the Association activity,
as appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
62.1.2 Advise
the workplace delegate of the date of the next induction session for new staff
members in sufficient time to enable the Association to arrange representation
at the session;
62.1.3 Meet
the travel and/or accommodation costs properly and reasonably incurred in
respect of meetings called by the workplace management;
62.1.4 Where
possible, to provide relief in the position occupied by the delegate in the
workplace, while the delegate is undertaking Association responsibilities to
assist with the business of workplace management;
62.1.5 Re-credit
any other leave applied for on the day to which special leave or release from
duty subsequently applies;
62.1.6 Where
an Association activity provided under this clause needs to be undertaken on
the Association delegate's rostered day off or during an approved period of
flex leave, to apply the provisions of paragraph 62.1.5 of this clause;
62.1.7 To
continue to pay salary during an "on loan" arrangement negotiated
with the Association and to obtain reimbursement of salary and on-costs from
the Association at regular intervals, or as otherwise agreed between the
parties if long term arrangements apply;
62.1.8 To
verify with the Association the time spent by an Association delegate or
delegates on Association business, if required; and
62.1.9 If
the time and/or the facilities allowed for Association activities are thought
to be used unreasonably and/or improperly, to consult with the Association
before taking any remedial action.
63. Right of Entry
Provisions
The right of entry provisions shall be as prescribed
under the Work Health and Safety Act 2011 and the Industrial
Relations Act 1996.
64. Travelling and
Other Costs of Trade Union Delegates
64.1 Except as
specified in paragraph 62.1.3 of clause 62, Responsibilities of Workplace
Management of this award, all travel and other costs incurred by accredited
Association delegates in the course of Association activities will be paid by
the Association.
64.2 In respect of
meetings called by the workplace management in terms of paragraph 62.1.3 of
clause 62, Responsibilities of Workplace Management of this award, the payment
of travel and/or accommodation costs, properly and reasonably incurred, is to
be made, as appropriate, on the same conditions as apply under clauses 28,
Travelling Compensation, 31, Meal Expenses on One Day Journeys or 32,
Restrictions on Payment of Travelling Allowances of this award.
64.3 No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from the NSW Police Force or the Director - General, in
respect of Association activities covered by special leave or on duty
activities provided for in this clause.
64.4 The on loan
arrangements shall apply strictly as negotiated and no extra claims in respect
of the period of on loan shall be made on the NSW Police Force by the
Association or the staff member.
65. Industrial Action
65.1 Provisions of
the Industrial Relations Act 1996 shall apply to the right of
Association members to take lawful industrial action (Note the obligations of
the parties under clause 9, Grievance and Dispute Settling Procedures).
65.2 There will be no
victimisation of staff members prior to, during or following such industrial
action.
66. Consultation and
Technological Change
66.1 There shall be
effective means of consultation, as set out in the Consultative Arrangements
Policy and Guidelines document, on matters of mutual interest and concern, both
formal and informal, between management and
the Association.
66.2 The NSW Police
Force management shall consult with the Association prior to the introduction
of any technological change.
67. Deduction of Trade
Union Membership Fees
At the staff member’s election, the Commissioner shall
provide for the staff member’s Association membership fees to be deducted from
the staff member’s pay and ensure that such fees are transmitted to the staff
member’s Association at regular intervals. Alternative arrangements for the
deduction of Association membership fees may be negotiated between the
Commissioner and the Association in accordance with clause 12, Local
Arrangements of this award.
SECTION 7 - LEAVE
68. Leave - General
Provisions
68.1 The leave
provisions contained in this Award apply to all staff members other than those
to whom arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Commissioner and the Association in terms of
clause 12, Local Arrangements of this award.
68.2 Unless otherwise
specified, part-time staff members will receive the paid leave provisions of
this award on a pro rata basis, calculated according to the number of hours
worked per week.
68.3 Unless otherwise
specified in this award a temporary employee employed under Sections 90 and 91
of the Act is eligible to take a period of approved leave during the current
period of employment and may continue such leave during a subsequent period or
periods of employment in the NSW Police Force Service, if such period or
periods of employment commence immediately on termination of a previous period
or periods of employment.
68.4 Where paid and
unpaid leave is available to be granted in terms of this award, paid leave
shall be taken before unpaid leave.
69. Absence from Work
69.1 A staff member
must not be absent from work unless reasonable cause is shown.
69.2 If a staff
member is to be absent from duty because of illness or other emergency, the
staff member shall notify or arrange for another person to notify the
supervisor as soon as possible of the staff member's absence and the reason for
the absence.
69.3 If a
satisfactory explanation for the absence, is not provided, the staff member
will be regarded as absent from duty without authorised leave and the
Commissioner shall deduct from the pay of the staff member the amount
equivalent to the period of the absence.
69.4 The minimum
period of leave available to be granted shall be one hour, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
69.5 Nothing in this
clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
70. Applying for Leave
70.1 An application
by a staff member for leave under this award shall be made to and dealt with by
the Commissioner.
70.2 The Commissioner
shall deal with the application for leave according to the wishes of the staff
member, if the operational requirements of the NSW Police Force permit this to
be done.
71. Extended Leave
Extended leave shall accrue and shall be granted to
staff members in accordance with the provisions of Part 6 of the Police
Regulation 2015.
72. Family and
Community Service Leave
72.1 The Commissioner
shall grant to a staff member some, or all of their accrued family and
community service leave on full pay, for reasons relating to unplanned and
emergency family responsibilities or other emergencies as described in subclause 72.2 of this
clause. The Commissioner may also grant
leave for the purposes in subclause 72.3 of this clause. Non-emergency appointments or duties shall be
scheduled or performed outside of normal working hours or through approved use
of flexible working arrangements or other appropriate leave.
72.2 Such unplanned
and emergency situations may include, but not be limited to, the following:-
72.2.1 Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
72.2.2 Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
72.2.3 Emergency
or weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens a staff member’s property and/or prevents a staff
member from reporting for duty;
72.2.4 Attending
to unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
72.2.5 Attendance
at court by a staff member to answer a charge for a criminal offence, only if
the Commissioner considers the granting of family and community service leave
to be appropriate in a particular case.
72.3 Family and
community service leave may also be granted for:
72.3.1 An
absence during normal working hours to attend meetings, conferences or to
perform other duties, for staff members holding office in Local Government, and
whose duties necessitate absence during normal working hours for these
purposes, provided that the staff member does not hold a position of Mayor of a
Municipal Council, President of a Shire Council or Chairperson of a County
Council; and
72.3.2 Attendance
as a competitor in major amateur sport (other than Olympic or Commonwealth
Games) for staff members who are selected to represent Australia or the State.
72.4 The definition
of "family or "relative" in this clause is the same as that
provided in paragraph 82.4.2 of clause 82, Sick Leave to Care for Family Member
of this award.
72.5 From the 1 January 2010, FACS leave on full pay accrues as follows:
72.5.1 2 ½
days in the staff member’s first year of service;
72.5.2 2 ½
days in the staff member’s second year of service; and
72.5.3 one
day per year thereafter.
72.6 If available
family and community service leave is exhausted as a result of natural
disasters, the Commissioner shall consider applications for additional family
and community service leave, if some other emergency arises.
72.7 If available
family and community service leave is exhausted, on the death of a family
member or relative, additional paid family and community service leave of up to
2 days may be granted on a discrete, per occasion basis to a staff member.
72.8 In cases of illness
of a family member for whose care and support the staff member is responsible,
paid sick leave in accordance with clause 82, Sick Leave to Care for a Sick
Family Member of this award shall be granted when paid family and community
service leave has been exhausted or is unavailable.
72.9 The Commissioner
may also grant staff members other forms of leave such as accrued recreation
leave, time off in lieu, flex leave and so on for family and community service
leave purposes.
73. Leave Without Pay
73.1 The Commissioner
may grant leave without pay to a staff member if good and sufficient reason is
shown.
73.2 Leave without
pay may be granted on a full-time or a part-time basis.
73.3 Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
73.4 Where a staff
member is granted leave without pay which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as
service for incremental progression and accrual of recreation leave.
73.5 A staff member
who has been granted leave without pay, shall not engage in employment of any
kind during the period of leave without pay, unless prior approval has been
obtained from the Commissioner.
73.6 A staff member
shall not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave shall be taken before leave
without pay.
73.7 No paid leave
shall be granted during a period of leave without pay.
73.8 A permanent
appointment may be made to the staff member’s position if:
73.8.1 the
leave without pay has continued or is likely to continue beyond the original
period of approval and is for a total period of more than 12 months; and
73.8.2 the
staff member is advised of the Commissioner’s proposal to permanently backfill
their position; and
73.8.3 the
staff member is given a reasonable opportunity to end the leave without pay and
return to their position; and
73.8.4 the
Commissioner advised the staff member at the time of the subsequent approval
that the position will be filled on a permanent basis during the period of
leave without pay.
73.9 The position
cannot be filled permanently unless the above criteria are satisfied.
73.10 The staff member
does not cease to be employed by the NSW Police Force if their position is
permanently backfilled.
73.11 Subclause 73.8 of
this clause does not apply to full-time unpaid parental leave granted in
accordance with subparagraph 76.9.1(a) of clause 76, Parental Leave or to
military leave.
74. Military Leave
74.1 During the
period of 12 months commencing on 1 July each year, the Commissioner may grant
to a staff member who is a volunteer part-time member of the Defence Forces,
military leave on full pay to undertake compulsory annual training and to
attend schools, classes or courses of instruction or compulsory parades
conducted by the staff member’s unit.
74.2 In accordance
with the Defence Reserve Service (Protection) Act 2001 (Cth), it is
unlawful to prevent a staff member from rendering or volunteering to render,
ordinary defence Reserve service.
74.3 Up to 24 working
days military leave per financial year may be granted by the Commissioner to
members of the Naval and Military Reserve and up to 28 working days per
financial year to members of the Air Force Reserve for the activities specified
in subclause 74.1 of this clause.
74.4 The Commissioner
may grant a staff member special leave of up to 1 day to attend medical
examinations and tests required for acceptance as volunteer part time members
of the Australian Defence Forces.
74.5 A staff member
who is requested by the Australian Defence Forces to provide additional
military services requiring leave in excess of the entitlement specified in
subclause 74.3 of this clause may be granted Military Leave Top up Pay by the
Commissioner.
74.6 Military Leave
Top up Pay is calculated as the difference between a staff member’s ordinary
pay as if they had been at work, and the Reservist’s pay which they receive
from the Commonwealth Department of Defence.
74.7 During a period
of Military Leave Top up Pay, a staff member will continue to accrue sick
leave, recreation and extended leave entitlements, and the NSW Police Force is
to continue to make superannuation contributions at the normal rate.
74.8 At the
expiration of military leave in accordance with subclause 74.3 or 74.4 of this
clause, the staff member shall furnish to the Commissioner a certificate of
attendance and details of the staff members reservist pay signed by the
commanding officer or other responsible officer.
75. Observance of
Essential Religious Or Cultural Obligations
75.1 A staff member
of:
75.1.1 Any
religious faith who seeks leave for the purpose of observing essential
religious obligations of that faith; or
75.1.2 Any
ethnic or cultural background who seeks leave for the purpose of observing any
essential cultural obligations,
may be granted recreation/extended leave to credit,
flex leave or leave without pay to do so.
75.2 Provided
adequate notice as to the need for leave is given by the staff member to the
NSW Police Force and it is operationally convenient to release the staff member
from duty, the Commissioner must grant the leave applied for by the staff
member in terms of this clause.
75.3 A staff member
of any religious faith who seeks time off during daily working hours to attend
to essential religious obligations of that faith, shall be granted such time
off by the Commissioner subject to:
75.3.1 Adequate
notice being given by the staff member;
75.3.2 Prior
approval being obtained by the staff member; and
75.3.3 The
time off being made up in the manner approved by the Commissioner.
75.4 Notwithstanding
the provisions of subclauses 75.1, 75.2 and 75.3 of this clause, arrangements
may be negotiated between the NSW Police Force and the Association in terms of
clause 12, Local Arrangements of this award to provide greater flexibility for
staff members for the observance of essential religious or cultural
obligations.
76. Parental Leave
76.1 Parental leave
includes maternity, adoption and "other parent" leave.
76.2 Maternity leave
shall apply to a staff member who is pregnant and, subject to this clause the
staff member shall be entitled to be granted maternity leave as follows:
76.2.1 For a
period up to 9 weeks prior to the expected date of birth; and
76.2.2 For a
further period of up to 12 months after the actual date of birth.
76.2.3 A
staff member who has been granted maternity leave and whose child is stillborn
may elect to take available sick leave instead of maternity leave.
76.3 Adoption leave
shall apply to a staff member adopting a child and who will be the primary care
giver, the staff member shall be granted adoption leave as follows:
76.3.1 For a
period of up to 12 months if the child has not commenced school at the date of
the taking of custody; or
76.3.2 For
such period, not exceeding 12 months on a full-time basis, as the Commissioner
may determine, if the child has commenced school at the date of the taking of
custody.
76.3.3 Special
Adoption Leave - A staff member shall be entitled to special adoption leave
(without pay) for up to 2 days to attend interviews or examinations for the
purposes of adoption. Special adoption leave may be taken as a charge against
recreation leave, extended leave, flex time or family and community service
leave.
76.4 Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female staff who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
76.4.1 Short
other parent leave - an unbroken period of up to 8 weeks at the time of the
birth of the child or other termination of the spouse's or partner's pregnancy
or, in the case of adoption, from the date of taking custody of the child or
children;
76.4.2 Extended
other parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the staff member as provided for in paragraph
76.4.1 of this subclause. Extended other parental leave may commence at any
time up to 2 years from the date of birth of the child or the taking of custody
of the child.
76.5 A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to14 weeks, a staff member entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the staff member:
76.5.1 Applied
for parental leave within the time and in the manner determined set out in
subclause 76.10 of this clause; and
76.5.2 Prior
to the commencement of parental leave, completed not less than 40 weeks'
continuous service.
76.5.3 Payment
for the maternity, adoption or short other parent leave may be made as follows:
(a) in advance as a
lump sum; or
(b) fortnightly as
normal; or
(c) fortnightly at
half pay; or
(d) a combination
of full‑pay and half pay.
76.6 Payment for
parental leave is at the rate applicable when the leave is taken. A member of
staff holding a full time position who is on part time leave without pay when
they start parental leave is paid:
76.6.1 at
the full time rate if they began part time leave 40 weeks or less before
starting parental leave;
76.6.2 at
the part time rate if they began part time leave more than 40 weeks before
starting parental leave and have not changed their part time work arrangements
for the 40 weeks;
76.6.3 at
the rate based on the average number of weekly hours worked during the 40 week
period if they have been on part time leave for more than 40 weeks but have
changed their part time work arrangements during that period.
76.7 A staff member
who commences a subsequent period of maternity or adoption leave for another
child within 24 months of commencing an initial period of maternity or adoption
leave will be paid:
76.7.1 at
the rate (full time or part time) they were paid before commencing the initial
leave if they have not returned to work; or
76.7.2 at a
rate based on the hours worked before the initial leave was taken, where the
staff member has returned to work and reduced their hours during the 24 month
period; or
76.7.3 at a
rate based on the hours worked prior to the subsequent period of leave where
the staff member has not reduced their hours.
76.8 Except as
provided in subclauses 76.5, 76.6 and 76.7 of this clause, parental leave shall
be granted without pay.
76.9 Right to request
76.9.1 A
staff member who has been granted parental leave in accordance with subclause
76.2, 76.3 or 76.4 of this clause may make a request to the Commissioner to:
(a) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(b) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the staff member in reconciling work and
parental responsibilities.
76.9.2 The
Commissioner shall consider the request having regard to the staff member’s
circumstances and, provided the request is genuinely based on the staff
member’s parental responsibilities, may only refuse the request on reasonable
grounds related to the effect on the workplace or the Commissioner’s business.
Such grounds might include cost, lack of adequate replacement staff, loss of
efficiency and the impact on customer service.
76.10 Notification
Requirements
76.10.1 When the NSW Police Force is made aware that a
staff member or their spouse is pregnant or is adopting a child, the NSW Police
Force must inform the staff member of their entitlements and their obligations
under the Award.
76.10.2 A staff
member who wishes to take parental leave must notify the Commissioner in
writing at least 8 weeks (or as soon as practicable) before the expected commencement
of parental leave:
(a) that she/he
intends to take parental leave, and
(b) the expected
date of birth or the expected date of placement, and
(c) if she/he is
likely to make a request under subclause 76.9 of this clause.
76.10.3 At
least 4 weeks before a staff member's expected date of commencing parental
leave they must advise:
(a) the date on
which the parental leave is intended to start, and
(b) the period of
leave to be taken.
76.10.4 Staff
member’s request and the Commissioner’s decision to be in writing
The staff member’s request under paragraph 76.9.1 and
the Commissioner’s decision made under
paragraph 76.9.2 must be recorded in writing.
76.10.5 A staff
member intending to request to return from parental leave on a part time basis
or seek an additional period of leave of up to 12 months must notify the Commissioner in writing as
soon as practicable and preferably before beginning maternity, adoption or
other parental leave. If the notification is not given before commencing such
leave, it may be given at any time up to 4 weeks before the proposed return on
a part time basis, or later if the Commissioner agrees.
76.10.6 A staff
member on maternity leave is to notify the NSW Police Force of the date on
which she gave birth as soon as she can conveniently do so.
76.10.7 A staff
member must notify the NSW Police Force as soon as practicable of any change in
her intentions as a result of premature delivery or miscarriage.
76.10.8 A staff
member on maternity or adoption leave may change the period of leave or
arrangement, once without the consent of the Commissioner and any number of
times with the consent of the Commissioner.
In each case she/he must give the NSW Police Force at least 14 days
notice of the change unless the Commissioner decides otherwise.
76.11 A staff member has
the right to her/his former position if she/he has taken approved leave or part
time work in accordance with subclause 76.9 of this clause, and she/he resumes
duty immediately after the approved leave or work on a part time basis.
76.12 If the position
occupied by the staff member immediately prior to the taking of parental leave
has ceased to exist, but there are other positions available that the staff
member is qualified for and is capable of performing, the staff member shall be
appointed to a position of the same grade and classification as the staff
member’s former position.
76.13 A staff member
does not have a right to her/his former position during a period of return to
work on a part time basis. If the Commissioner approves a return to work on a
part time basis then the position occupied is to be at the same classification
and grade as the former position.
76.14 A staff member who
has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back to such leave. This may
be done once only, and a minimum of 4 weeks notice (or less if acceptable to
the NSW Police Force) must be given.
76.15 A staff member who
is sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. A staff member may
apply for accrued recreation leave, extended leave or leave without pay before
taking maternity leave. Any leave taken
before maternity leave ceases at the end of the working day immediately
preceding the day she starts her nominated period of maternity leave or on the
working day immediately preceding the date of birth of the child, whichever is
sooner.
76.16 A staff member may
elect to take available recreation leave or extended leave within the period of
parental leave provided this does not extend the total period of such leave.
76.17 A staff member may
elect to take available recreation leave at half pay in conjunction with parental
leave provided that:
76.17.1 accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave;
76.17.2 the
total period of maternity, adoption or other parent leave, is not extended by the taking of
recreation leave at half pay; and
76.17.3 when
calculating other leave accruing during the period of recreation leave at half
pay, the recreation leave at half pay shall be converted to the full time
equivalent and treated as full pay leave for accrual of further recreation,
extended and other leave at the full time rate
76.18 If, for any
reason, a pregnant staff member is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Commissioner, should, in consultation with the
staff member , take all reasonable measures to arrange for safer
alternative duties. This may include,
but is not limited to greater flexibility in when and where duties are carried
out, a temporary change in duties, retraining, multi-skilling, teleworking and
job redesign.
76.19 If such
adjustments cannot reasonably be made, the Commissioner must grant the staff
member maternity leave, or any available sick leave, for as long as it is
necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born which ever is the earlier.
76.20 Communication
during parental leave
76.20.1 Where a
staff member is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the NSW Police Force shall take
reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the staff member
held before commencing parental leave; and
(b) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position the staff
member held before commencing parental leave.
76.20.2 The
staff member shall take reasonable steps to inform the Commissioner about any
significant matter that will affect the staff member’s decision regarding the
duration of parental leave to be taken, whether the staff member intends to
return to work and whether the staff member intends to request to return to
work on a part time basis.
76.20.3 The
staff member shall also notify the Commissioner of changes of address or other
contact details which might affect the NSW Police Force capacity to comply with
paragraph 76.20.1 of this subclause.
77. Purchased Leave
77.1 A staff member
may apply to enter into an agreement with the Commissioner to purchase either
10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.
77.1.1 Each
application will be considered subject to operational requirements and personal
needs and will take into account NSW Police Force business needs and work demands.
77.1.2 The
leave must be taken in the 12 month period specified in the Purchased Leave
Agreement and will not attract any leave loading.
77.1.3 The
leave will count as service for all purposes.
77.2 The purchased
leave will be funded through the reduction in the staff member’s ordinary rate
of pay.
77.2.1 Purchased
leave rate of pay means the rate of pay a staff member receives when their
ordinary salary rate has been reduced to cover the cost of purchased
leave.
77.2.2 To
calculate the purchased leave rate of pay, the staff member’s ordinary salary
rate will be reduced by the number of
weeks of purchased leave and then annualised at a pro rata rate over the 12 month period.
77.3 Purchased leave
is subject to the following provisions:
77.3.1 The
purchased leave cannot be accrued and will be refunded where it has not been
taken in the 12 month period.
77.3.2 Other
leave taken during the 12 month purchased leave agreement period i.e. sick
leave, recreation leave, extended leave or leave in lieu will be paid at the
purchased leave rate of pay.
77.3.3 Sick
leave cannot be taken during a period of purchased leave.
77.3.4 The
purchased leave rate of pay will be the salary for all purposes including
superannuation and shift loadings.
77.3.5 Overtime
and salary related allowances not paid during periods of recreation leave will
be calculated using the staff member’s hourly rate based on the ordinary rate
of pay.
77.3.6 Higher
Duties Allowance will not be paid when a period of purchased leave is taken.
77.4 Specific
conditions governing purchased leave may be amended from time to time by the
Director -General in consultation with the Association. The NSW Police Force may make adjustments
relating to its salary administration arrangements.
78. Recreation Leave
78.1 Accrual
78.1.1 Except
where stated otherwise in this award, paid recreation leave for full time staff
members and recreation leave for staff members working part time, accrues at
the rate of 20 working days per year. Staff members working part time shall
accrue paid recreation leave on a pro rata basis, which will be determined on
the average weekly hours worked per leave year.
78.1.2 Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member,
employed in terms of the Police Regulation 2015, who is stationed indefinitely
in a remote area of the State, being the Western and Central Division of the
State described as such in the Second Schedule to the Crown Lands Consolidation
Act 1913 before its repeal.
78.1.3 Recreation
leave accrues from day to day.
78.2 Limits on
Accumulation and Direction to take leave
78.2.1 At
least two (2) consecutive weeks of recreation leave shall be taken by a staff
member every 12 months, except by agreement with the Commissioner in special
circumstances.
78.2.2 Where
the operational requirements permit, the application for leave shall be dealt
with by the Commissioner according to the wishes of the staff member.
78.2.3 The
Commissioner shall notify the staff member in writing when accrued recreation
leave reaches 6 weeks or its hourly equivalent and at the same time may direct
a staff member to take at least 2 weeks recreation leave within 3 months of the
notification at a time convenient to the NSW Police Force.
78.2.4 The
Commissioner shall notify the staff member in writing when accrued recreation
leave reaches 8 weeks or its hourly equivalent and direct the staff member to
take at least 2 weeks recreation leave within 6 weeks of the notification. Such
leave is to be taken at a time convenient to the NSW Police Force.
78.2.5 A
staff member must take their recreation leave to reduce their accrual below 8
weeks or its hourly equivalent, and the NSW Police Force must cooperate in this
process.
78.3 Conservation of
Leave - If the Commissioner is satisfied that a staff member is prevented by
operational or personal reasons from taking sufficient recreation leave to
reduce the accrued leave below an acceptable level of between 4 and 6 weeks or
its hourly equivalent, the Commissioner shall:-
78.3.1 Specify
in writing the period of time during which the excess shall be conserved; and
78.3.2 On
the expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 8 week limit.
78.3.3 The
Commissioner will inform a staff member in writing on a regular basis of the
staff member’s recreation leave accrual.
78.4 Miscellaneous
78.4.1 Unless
a local arrangement has been negotiated between the Commissioner and the
Association, recreation leave is not to be granted for a period less than one
(1) hour or in other than multiples of one (1) hour.
78.4.2 Recreation
leave for which a staff member is eligible on cessation of employment is to be
calculated to one (1) hour (fractions less than one (1) hour being rounded up).
78.4.3 Recreation
leave does not accrue to a staff member in respect of any period of absence
from duty without leave or without pay, except as specified in paragraph 78.4.4
of this subclause.
78.4.4 Recreation
leave accrues during any period of leave without pay granted on account of
incapacity for which compensation has been authorised to be paid under the Workers
Compensation Act 1987; or any period of sick leave without pay or any other
approved leave without pay, not exceeding 5 full time working days, or their
part time equivalent, in any period of 12 months.
784.5 The
proportionate deduction to be made in respect of the accrual of recreation
leave on account of any period of absence referred to in paragraph 78.4.4 of
this subclause shall be calculated to an exact one (1) hour (fractions less
than one (1) hour being rounded down).
78.4.6 Recreation
leave accrues at half its normal accrual rate during periods of extended leave
on half pay or recreation leave taken on half pay.
78.4.7 Recreation
leave may be taken on half pay in conjunction with and subject to the
provisions applying to adoption, maternity or parental leave - see clause 76,
Parental Leave of this award.
78.4.8 On
cessation of employment, a staff member is entitled to be paid the money value
of accrued recreation leave which remains untaken.
78.4.9 A
staff member to whom paragraph 78.4.8 of this subclause applies may elect to
take all or part of accrued recreation leave which remains untaken at cessation
of active duty as leave or as a lump sum payment; or as a combination of leave
and lump sum payment.
78.5 Death - Where a
staff member dies, the monetary value of recreation leave accrued and remaining
untaken as at the date of death, shall be paid to the staff member's nominated
beneficiary.
78.6 Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:
78.6.1 To
the widow or widower of the staff member; or
78.6.2 If
there is no widow or widower, to the children of the staff member or, if there
is a guardian of any children entitled under this subclause, to that guardian
for the children's maintenance, education and advancement; or
78.6.3 If
there is no such widow, widower or children, to the person who, in the opinion
of the Commissioner was, at the time of the staff member's death, a dependent
relative of the staff member; or
78.6.4 If
there is no person entitled under paragraph 78.6.1, 78.6.2 or 78.6.3 of this
subclause to receive the money value of any leave not taken or not completed by
a staff member or which would have accrued to the staff member, the payment
shall be made to the personal representative of the staff member.
78.7 Additional
compensation for rostered work performed by shift workers on Sundays and Public
Holidays - Shift workers who are rostered to work their ordinary hours on
Sundays and/or Public Holidays during the period 1 December of one year to 30
November, of the following year, or part thereof, shall be entitled to receive
additional annual leave or payment as provided for in subclause 89.7 of clause
89, Shift Work of this award.
78.8 Recreation leave
does not accrue during leave without pay other than
78.8.1 military
leave taken without pay when paid military leave entitlements are exhausted;
78.8.2 absences
due to natural emergencies or major transport disruptions, when all other paid
leave is exhausted;
78.8.3 any
continuous period of sick leave taken without pay when paid sick leave is
exhausted;
78.8.4 incapacity
for which compensation has been authorised under the Workplace Injury
Management and Workers Compensation Act 1998; or
78.8.5 periods
which when aggregated, do not exceed 5 working days in any period of 12 months.
78.9 A staff member
entitled to additional recreation leave under paragraph 78.1.2 of this clause,
or under paragraph 89.8.1 of clause 89, Shift Work of this award, can elect at
any time to cash out the additional recreation leave.
A staff member
entitled to additional recreation leave under paragraph 78.1.2 of this clause,
or under paragraph 89.7.6 of clause 89, Shift Work of this award, can elect at
any time to cash out the additional recreation leave.
79. Annual Leave
Loading
79.1 General - Unless
more favourable conditions apply to a staff member under another industrial
instrument, a staff member, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this subclause. Subject
to the provisions set out in subclauses 79.2 to 79.6 of this clause, the annual
leave loading shall be 17½% on the monetary value of up to 4 weeks recreation leave accrued in a leave year.
79.2 Loading on
additional leave accrued - Where additional leave is accrued by a staff
member:-
79.2.1 As
compensation for work performed regularly on Sundays and/or Public Holidays,
the annual leave loading shall be calculated on the actual leave accrued or on
five weeks, whichever is the lower.
79.2.2 If
stationed in an area of the State of New South Wales which attracts a higher
rate of annual leave accrual, the annual leave loading shall continue to be
paid on a maximum of 4 weeks leave.
79.3 Shift workers -
Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
79.3.1 The
shift premiums and penalty rates, or any other allowances paid on a regular
basis in lieu thereof, which they would have received had they not been on
recreation leave; or
79.3.2 17½%
annual leave loading.
79.4 Maximum Loading
- Unless otherwise provided in an Award or Agreement under which the staff
member is paid, the annual leave loading payable shall not exceed the amount
which would have been payable to a staff member in receipt of salary equivalent
to the maximum salary for a Grade 12 Clerk.
79.5 Leave year - For
the calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
79.6 Payment of
annual leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
79.6.1 Annual
leave loading for the previous leave year shall be paid in the first pay on or
after 1 December in the subsequent leave year.
79.6.2 Notwithstanding
paragraph 79.6.1 above a staff member may, with appropriate notice, elect to
defer the payment of annual leave loading to a subsequent pay period. Provided
further that such deferral shall be limited to the last pay on or before 31 December in the same leave
year.
79.6.3 While
annual leave loading shall not be paid in the first leave year of employment it
shall be paid in the subsequent leave year in accordance with paragraphs 78.6.1
and 78.6.2 of this subclause.
79.6.4 A
staff member who has not been paid annual leave loading for the previous leave
year, shall be paid annual leave loading on resignation, retirement or
termination by the NSW Police Force for any reason other than the staff
member’s serious and intentional misconduct.
79.6.5 Except
in cases of voluntary redundancy, proportionate leave loading is not payable on
cessation of employment.
80. Sick Leave
80.1 Illness in this
clause and in clauses 81 and 82 of this award means physical or psychological
illness or injury, medical treatment and the period of recovery or
rehabilitation from an illness or injury.
80.2 Payment for sick
leave is subject to the staff member:
80.2.1 Informing
their manager as soon as reasonably practicable that they are unable to perform
duty because of illness. This must be
done as close to the staff member’s starting time as possible; and
80.2.2 Providing
evidence of illness as soon as practicable if required by clause 81, Sick Leave
- Requirements for Evidence of Illness of this award.
80.3 If the
Commissioner is satisfied that a staff member is unable to perform duty because
of the staff member's illness or the illness of his/her family member, the
Commissioner:
80.3.1 Shall
grant to the staff member sick leave on full pay; and
80.3.2 May
grant to the staff member, sick leave without pay if the absence of the staff
member exceeds the entitlement of the staff member under this award to sick
leave on full pay.
80.4 The Commissioner
may direct a staff member to take sick leave if they are satisfied that, due to
the staff member’s illness, the staff member:
80.4.1 is
unable to carry out their duties without distress; or
80.4.2 risks
further impairment of their health by reporting for duty; or
80.4.3 is a
risk to the health, wellbeing or safety of other staff members, NSW Police
Force clients or members of the public
80.5 The Commissioner
may direct a staff member to participate in a return to work program if the
staff member has been absent on a long period of sick leave.
80.6 Entitlements -
Any staff member appointed from 1 January 2009 will commence accruing sick
leave in accordance with this clause immediately. Existing staff members at 1 January 2009 will
accrue sick leave in accordance with this clause from 1 January 2009 onwards.
80.6.1 At
the commencement of employment with the NSW Police Force, a full-time staff
member is granted an accrual of 5 days sick leave.
80.6.2 After
the first four months of employment, the staff member shall accrue sick leave
at the rate of 10 working days per year for the balance of the first year of
service.
80.6.3 After
the first year of service, the staff member shall accrue sick leave day to day
at the rate of 15 working days per year of service.
80.6.4 All
continuous service as a staff member in the NSW public service shall be taken
into account for the purpose of calculating sick leave due. Where the service
in the NSW public service is not continuous, previous periods of public service
shall be taken into account for the purpose of calculating sick leave due if
the previous sick leave records are available.
80.6.5 Notwithstanding
the provisions of paragraph 80.6.4 of this subclause, sick leave accrued and
not taken in the service of a public sector employer may be accessed in terms
of the Public Sector Staff Mobility Policy.
80.6.6 Sick
leave without pay shall count as service for the accrual of recreation leave
and paid sick leave. In all other
respects sick leave without pay shall be treated in the same manner as leave
without pay.
80.6.7 When
determining the amount of sick leave accrued, sick leave granted on less than
full pay, shall be converted to its full pay equivalent.
80.6.8 Paid
sick leave shall not be granted during a period of unpaid leave.
80.7 Payment during
the initial 3 months of service - Paid sick leave which may be granted to a
staff member, other than a seasonal or relief staff member, in the first 3
months of service shall be limited to 5 days paid sick leave, unless the
Commissioner approves otherwise. Paid sick leave in excess of 5 days granted in
the first 3 months of service shall be supported by a satisfactory medical
certificate.
80.8 Seasonal or
relief staff - No paid sick leave shall be granted to temporary employees who
are employed as seasonal or relief staff for a period of less than 3 months.
81. Sick Leave -
Requirements for Evidence of Illness
81.1 A staff member
absent from duty for more than 2 consecutive working days because of illness must
furnish evidence of illness to the Commissioner in respect of the absence.
81.2 In addition to
the requirements under subclause 80.2 of clause 80, Sick Leave of this award, a
staff member may absent themselves for a total of 5 working days due to illness
without the provision of evidence of illness to the Commissioner. Staff members who absent themselves in excess
of 5 working days in a calendar year may be required to furnish evidence of
illness to the Commissioner for each occasion absent for the balance of the
calendar year.
81.3 As a general
practice backdated medical certificates will not be accepted. However if a staff member provides evidence
of illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Commissioner is satisfied that the
reason for the absence is genuine.
81.4 If a staff
member is required to provide evidence of illness for an absence of 2
consecutive working days or less, the Commissioner will advise them in advance.
81.5 If the
Commissioner is concerned about the diagnosis described in the evidence of
illness produced by the staff member, after discussion with the staff member,
the evidence provided and the staff member's application for leave can be
referred to the NSWPF nominated medical assessor or its successor for advice.
81.5.1 The
type of leave granted to the staff member will be determined by the
Commissioner based on the NSWPF nominated medical assessor or its successor’s
advice.
81.5.2 If
sick leave is not granted, the Commissioner will, as far as practicable, take
into account the wishes of the staff member when determining the type of leave
granted.
81.6 The granting of
paid sick leave shall be subject to the staff member providing evidence which
indicates the nature of illness or injury and the estimated duration of the
absence. If a staff member is concerned
about disclosing the nature of the illness to their manager they may elect to
have the application for sick leave dealt with confidentially by an alternate
manager or the human resources section of the NSW Police Force.
81.7 The reference in
this clause to evidence of illness shall apply, as appropriate:
81.7.1 up to
one week may be provided by a registered dentist, optometrist, chiropractor,
osteopath, physiotherapist, oral and maxillo facial surgeon or, at the
Commissioner's discretion, another registered health services provider,
81.7.2 where
the absence exceeds one week, and unless the health provider listed in
paragraph 81.7.1 of this subclause is also a registered medical practitioner,
applications for any further sick leave must be supported by evidence of
illness from a registered medical practitioner, or
81.7.3 at
the Commissioner’s discretion, other forms of evidence that satisfy that the
staff member had a genuine illness.
81.8 If a staff
member who is absent on recreation leave or extended leave, furnishes to the
Commissioner satisfactory evidence of illness in respect of an illness which
occurred during the leave, the Commissioner may, subject to the provisions of
this clause, grant sick leave to the staff member as follows:
81.8.1 In
respect of recreation leave, the period set out in the evidence of illness;
81.8.2 In
respect of extended leave, the period set out in the evidence of illness if
such period is 5 working days or more.
81.9 Subclause 81.8
of this clause applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
82. Sick Leave to Care
for a Family Member
82.1 Where family and
community service leave provided for in clause 72, Family and Community Service
Leave of this award is exhausted or unavailable, a staff member with
responsibilities in relation to a category of person set out in subclause 82.4
of this clause who needs the staff member's care and support, may elect to use
available paid sick leave, subject to the conditions specified in this clause,
to provide such care and support when a family member is ill.
82.2 The sick leave
shall initially be taken from the sick leave accumulated over the previous 3
years. In special circumstances, the
Commissioner may grant additional sick leave from the sick leave accumulated
during the staff member’s eligible service.
82.3 If required by
the Commissioner to establish the illness of the person concerned, the staff
member must provide evidence consistent with subclause 81.6 of clause 81, Sick
Leave - Requirements for Evidence of Illness of this award.
82.4 The entitlement
to use sick leave in accordance with this clause is subject to:
82.4.1 The
staff member being responsible for the care and support of the person concerned;
and
82.4.2 The
person concerned being:-
(a) a spouse of the
staff member; or
(b) a de facto
spouse being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis although
not legally married to that staff member; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or de
facto spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
83. Sick Leave -
Workers Compensation
83.1 The Commissioner
shall advise each staff member of their rights under the Workers
Compensation Act 1987, as amended from time to time, and shall give such
assistance and advice, as necessary, in the lodging of any claim.
83.2 A staff member
who is or becomes unable to attend for duty or to continue on duty in
circumstances which may give the staff member a right to claim compensation
under the Workers Compensation Act 1987, shall be required to lodge a
claim for any such compensation.
83.3 Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the Commissioner shall assist the staff member or the representative of
the staff member, as required, to lodge a claim for any such compensation.
83.4 The Commissioner
will ensure that, once received by the NSW Police Force, a staff member’s
workers compensation claim is lodged by the NSW Police Force with the workers
compensation insurer within the statutory period prescribed in the Workers
Compensation Act 1987.
83.5 Pending the
determination of that claim and on production of an acceptable medical
certificate, the Commissioner shall grant sick leave on full pay for which the
staff member is eligible followed, if necessary, by sick leave without pay or,
at the staff member's election by accrued recreation leave or extended leave.
83.6 If liability for
the workers compensation claim is accepted, then an equivalent period of any
sick leave taken by the staff member pending acceptance of the claim shall be
restored to the credit of the staff member.
83.7 A staff member
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers Compensation Act 1987 may
use any accrued and untaken sick leave to make up the difference between the
amount of compensation payable under that Act and the staff member's ordinary
rate of pay. Sick leave utilised in this way shall be debited against the staff
member.
83.8 If a staff
member notifies the Commissioner that he or she does not intend to make a claim
for any such compensation, the Commissioner shall consider the reasons for the
staff member's decision and shall determine whether, in the circumstances, it
is appropriate to grant sick leave in respect of any such absence.
83.9 A staff member
may be required to submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act. If a staff member refuses to submit to a medical examination without an
acceptable reason, the staff member shall not be granted available sick leave
on full pay until the examination has occurred and a medical certificate is
issued indicating that the staff member is not fit to resume employment.
83.10 If the
Commissioner provides the staff member with employment which meets the terms
and conditions specified in the medical certificate issued under the Workers
Compensation Act 1987 and the Workplace Injury Management and Workers
Compensation Act 1998 and, without good reason, the staff member fails, to
resume or perform such duties, the staff member shall be ineligible for all
payments in accordance with this clause from the date of the refusal or
failure.
83.11 No further sick
leave shall be granted on full pay if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to section 51 of the Workers
Compensation Act 1987.
83.12 Nothing in this
clause prevents a staff member from appealing a decision or taking action under
other legislation made in respect of:
83.12.1 The
staff member's claim for workers compensation;
83.12.2 The
conduct of a medical examination by a Government or other Medical Officer;
83.12.3 A
medical certificate issued by the examining Government or other Medical
Officer; or
83.12.4 Action
taken by the Commissioner either under the Workers Compensation Act 1987
or any other relevant legislation in relation to a claim for workers
compensation, medical examination or medical certificate.
84. Sick Leave -
Claims Other Than Workers Compensation
84.1 If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers
Compensation Act 1987 sick leave on full pay may, subject to and in
accordance with this clause, be granted to the staff member on completion of an
acceptable undertaking that:-
84.1.1 Any
such claim, if made, will include a claim for the value of any period of paid
sick leave granted by the NSW Police Force to the staff member; and
84.1.2 In
the event that the staff member receives or recovers damages or compensation
pursuant to that claim for loss of salary or wages during any such period of
sick leave, the staff member will repay to the NSW Police Force the monetary
value of any such period of sick leave.
84.2 Sick leave on
full pay shall not be granted to a staff member who refuses or fails to
complete an undertaking, except in cases where the Commissioner is satisfied
that the refusal or failure is unavoidable.
84.3 On repayment to
the NSW Police Force of the monetary value of sick leave granted to the staff
member, sick leave equivalent to that repayment and calculated at the staff
member’s ordinary rate of pay, shall be restored to the credit of the staff
member.
85. Special Leave
85.1 Special Leave -
Jury Service
85.1.1 A
staff member shall, as soon as possible, notify the Commissioner of the details
of any jury summons served on the staff member.
85.1.2 A
staff member who, during any period when required to be on duty, attends a court
in answer to a jury summons shall, upon return to duty after discharge from
jury service, furnish to the Commissioner a certificate of attendance issued by
the Sheriff or by the Registrar of the court giving particulars of attendances
by the staff member during any such period and the details of any payment or
payments made to the staff member under section 72 of the Jury Act 1977
in respect of any such period.
85.1.3 When
a certificate of attendance on jury service is received in respect of any
period during which a staff member was required to be on duty, the Commissioner
shall grant, in respect of any such period for which the staff member has been
paid out-of-pocket expenses only, special leave on full pay. In any other case,
the Commissioner shall grant, at the sole election of the staff member,
available recreation leave on full pay, flex leave or leave without pay.
85.2 Witness at Court
- Official Capacity - When a staff member is subpoenaed or called as a witness
in an official capacity, the staff member shall be regarded as being on duty.
Salary and any expenses properly and reasonably incurred by the staff member in
connection with the staff member’s appearance at Court as a witness in an
official capacity shall be paid by the NSW Police Force.
85.3 Witness at Court
- Other than in Official Capacity - Crown Witness - A staff member who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) shall:
85.3.1 Be
granted, for the whole of the period necessary to attend as such a witness,
special leave on full pay; and
85.3.2 Pay
into the Treasury of the State of New South Wales all money paid to the staff
member under or in respect of any such subpoena or call other than any such
money so paid in respect of reimbursement of necessary expenses properly
incurred in answer to that subpoena or call.
85.3.3 Association
Witness - a staff member called by the Association to give evidence before an
Industrial Tribunal or in another jurisdiction shall be granted special leave
by the NSW Police Force for the required period.
85.4 Called as a
witness in a private capacity - A staff member who is subpoenaed or called as a
witness in a private capacity shall, for the whole of the period necessary to
attend as such a witness, be granted at the staff member's election, available
recreation leave on full pay or leave without pay.
85.5 Special Leave -
Examinations -
85.5.1 Special
leave on full pay up to a maximum of 5 days in any one year shall be granted to
staff members for the purpose of attending at any examination approved by the
Commissioner.
85.5.2 Special
leave granted to attend examinations shall include leave for any necessary
travel to or from the place at which the examination is held.
85.5.3 If an
examination for a course of study is held during term or semester within the
normal class timetable and study time has been granted to the staff member, no
further leave is granted for any examination.
85.6 Special Leave -
Union Activities - Special leave on full pay may be granted to staff members
who are accredited Association delegates to undertake Association activities as
provided for in clause 55, Trade Union Activities Regarded as Special Leave of
this award.
85.7 Return Home When
Temporarily Living Away from Home - Sufficient special leave shall be granted
to a staff member who is temporarily living away from home as a result of work
requirements. Such staff member shall be
granted sufficient special leave once a month before or after a weekend or a
long weekend or, in the case of a shift worker before or after rostered days
off to return home to spend two days and two nights with the family. If the
staff member wishes to return home more often, such staff member may be granted
recreation leave, extended leave or flex leave to credit or leave without pay,
if the operational requirements allow.
85.8 Return Home When
Transferred to New Location - Special leave shall be granted to a staff member
who has moved to the new location ahead of dependants, to visit such
dependants, subject to the conditions specified in the Crown Employees
(Transferred Employees Compensation) Award.
85.9 A staff member
who identifies as an Indigenous Australian shall be granted up to one day
special leave per year to enable the staff member to participate in the
National Aborigines and Islander Day of Commemoration Celebrations. Leave can
be taken at any time during NAIDOC week, or in the weeks leading up to and
after NAIDOC week as negotiated between the supervisor and staff member.
85.10 Special Leave - Other Purposes - Special
leave on full pay may be granted to staff members by the Commissioner for such
other purposes, subject to the conditions specified in the New South Wales
Public Service Commission Personnel Handbook published by the Public Service
Commission on-line www.psc.nsw.gov.au. at the time the leave is taken.
85.11 Matters arising
from domestic violence situations.
When the leave entitlements referred to in clause 86, Leave
for Matters Arising From Domestic Violence, have been exhausted, the
Commissioner shall grant up to five days per calendar year to be used for
absences from the workplace to attend to matters arising from domestic violence
situations.
86. Leave for Matters
Arising from Domestic Violence
86.1 The definition
of domestic violence is found in clause 3.73, Definitions, of this award.
86.2 Leave
entitlements provided for in clause 72, Family and Community Service Leave,
clause 80, Sick Leave and clause 82, Sick Leave to Care for a Family Member,
may be used by staff members experiencing domestic violence.
86.3 Where the leave
entitlements referred to in subclause 86.2 are exhausted, the Commissioner
shall grant Special Leave as per clause 85.11.
86.4 The Commissioner
will need to be satisfied, on reasonable grounds, that domestic violence has
occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a Court, a Doctor, A Domestic Violence Support
Service or Lawyer.
86.5 Personal
information concerning domestic violence will be kept confidential by the NSW
Police Force.
86.6 An application
for leave for matters arising from domestic violence under this clause will
trigger the NSW Police Force response to domestic and family violence with
respect to the immediate and long term protection of victims, including
specific police obligations for the
investigation and management of such matters. Such actions are in line with obligations
under the Crimes (Domestic and Family Violence) Act 2007.
86.7 The
Commissioner, where appropriate, may facilitate flexible working arrangements
subject to operational requirements, including changes to working times and
changes to work location, telephone number and email address.
SECTION 8 -
TRAINING AND PROFESSIONAL DEVELOPMENT
87. Staff Development
and Training Activities
87.1 For the purpose
of this clause, the following shall be regarded as staff development and
training activities:
87.1.1 All
staff development courses conducted by a NSW Public Sector organisation;
87.1.2 Short
educational and training courses conducted by generally recognised public or
private educational bodies; and
87.1.3 Conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
87.2 For the purposes
of this clause, the following shall not be regarded as staff development and
training activities:
87.2.1 Activities
for which study assistance is appropriate;
87.2.2 Activities
to which other provisions of this award apply (e.g. courses conducted by the
Association); and
87.2.3 Activities
which are of no specific relevance to the NSW Public Sector.
87.3 Attendance of a
staff member at activities considered by the Commissioner to be:
87.3.1 Essential
for the efficient operation of the NSW Police Force; or
87.3.2 Developmental
and of benefit to NSW public sector
shall be regarded as on duty for the purpose of payment
of salary if a staff member attends such an activity during normal working
hours.
87.4 The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of the NSW Police Force:
87.4.1 Recognition
that the staff members are performing normal duties during the course;
87.4.2 Adjustment
for the hours so worked under flexible working hours;
87.4.3 Payment
of course fees:
87.4.4 Payment
of all actual necessary expenses or payment of allowances in accordance with this
award, provided that the expenses involved do not form part of the course and
have not been included in the course fees; and
87.4.5 Payment
of overtime where the activity could not be conducted during the staff member's
normal hours and the Commissioner is satisfied that the approval to attend
constitutes a direction to work overtime under clause 90, Overtime - General of
this award.
87.5 The following
provisions shall apply, as appropriate, to the activities considered to be
developmental and of benefit to the NSW Police Force:
87.5.1 Recognition
of the staff member as being on duty during normal working hours whilst
attending the activity;
87.5.2 Payment
of course fees;
87.5.3 Reimbursement
of any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
87.5.4 Such
other conditions as may be considered appropriate by the Commissioner given the
circumstances of attending at the activity, such as compensatory leave for
excess travel or payment of travelling expenses.
87.6 Where the
training activities are considered to be principally of benefit to the staff
member and of indirect benefit to the public service, special leave of up to 10
days per year shall be granted to a staff member. If additional leave is
required and the Commissioner is able to release the staff member, such leave
shall be granted as a charge against available flex leave, recreation/extended
leave or as leave without pay.
87.7 Higher Duties
Allowance - Payment of a higher duties allowance is to continue where the staff
member attends a training or developmental activity whilst on duty in
accordance with this clause.
88. Study Assistance
88.1 The Commissioner
shall have the power to grant or refuse study time.
88.2 Where the
Commissioner approves the grant of study time, the grant shall be subject to:
88.2.1 The
course being a course relevant to the NSW Police Force and/or the public
service;
88.2.2 The time
being taken at the convenience of the NSW Police Force; and
88.2.3 Paid
study time not exceeding a maximum of 4 hours per week, to accrue on the basis
of half an hour for each hour of class attendance.
88.3 Study time may
be granted to both full and part-time staff members. Part-time staff members however shall be
entitled to a pro-rata allocation of study time to that of a full-time staff
member.
88.4 Study time may
be used for:
88.4.1 Attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
88.4.2 Necessary
travel during working hours to attend lectures, tutorials etc., held during or
outside working hours; and/or
88.4.3 Private
study; and/or
88.4.4 Accumulation,
subject to the conditions specified in subclauses 88.6 to 88.10 of this clause.
88.5 Staff members
requiring study time must nominate the type(s) of study time preferred at the
time of application and prior to the proposed commencement of the academic
period. The types of study time are as follows:-
88.5.1 Face-to-Face
- Staff members may elect to take weekly and/or accrued study time, subject to
the provisions for its grant.
88.5.2 Correspondence
- Staff members may elect to take weekly and/or accrued study time, or time off
to attend compulsory residential schools.
88.5.3 Accumulation
- Staff members may choose to accumulate part or all of their study time as
provided in subclauses 88.6 to 88.10 of this clause.
88.6 Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of the NSW Police Force.
88.7 Staff members on
rotating shifts may accumulate study time so that they can take leave for a
full shift, where this would be more convenient to both the staff member and
the NSW Police Force.
88.8 Where at the
commencement of an academic year/semester a staff member elects to accrue study
time and that staff member has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off must be granted even if
changed work circumstances mean absence from duty would be inconvenient.
88.9 Staff members
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
88.10 Where a staff
member is employed after the commencement of the academic year, weekly study
time may be granted with the option of electing to accrue study time from 1st
July in the year of entry on duty or from the next academic year, whichever is
the sooner.
88.11 Staff members
studying in semester based courses may vary their election as to accrual or
otherwise from semester to semester.
88.12 Correspondence
Courses - Study time for staff members studying by correspondence accrues on
the basis of half an hour for each hour of lecture/tutorial attendance involved
in the corresponding face-to-face course, up to a maximum grant of 4 hours per
week. Where there is no corresponding face-to-face course, the training
institution should be asked to indicate what the attendance requirements would
be if such a course existed.
88.13 Correspondence
students may elect to take weekly study time and/or may accrue study time and
take such accrued time when required to attend compulsory residential schools.
88.14 Repeated subjects
- Study time shall not be granted for repeated subjects.
88.15 Expendable grant -
Study time if not taken at the nominated time shall be forfeited. If the
inability to take study time occurs as a result of a genuine emergency at work,
study time for that week may be granted on another day during the same week.
88.16 Examination Leave
- Examination leave shall be granted as special leave for all courses of study
approved in accordance with this clause.
88.17 The period granted
as examination leave shall include:
88.17.1 Time
actually involved in the examination;
88.17.2 Necessary
travelling time, in addition to examination leave,
but is limited to a maximum of 5 days in any one year.
Examination leave is not available where an examination is conducted within the
normal class timetable during the term/semester and study time has been granted
to the staff member.
88.18 The examination
leave shall be granted for deferred examinations and in respect of repeat
studies.
88.19 Study Leave -
Study leave for full-time study is granted to assist those staff members who
win scholarships/fellowships/awards or who wish to undertake full-time study
and/or study tours. Study leave may be granted for studies at any level,
including undergraduate study.
88.20 All staff members
are eligible to apply and no prior service requirements are necessary.
88.21 Study leave shall
be granted without pay, except where the Commissioner approves financial
assistance. The extent of financial assistance to be provided shall be
determined by the Commissioner according to the relevance of the study to the
workplace and may be granted up to the amount equal to full salary.
88.22 Where financial
assistance is approved by the Commissioner for all or part of the study leave
period, the period shall count as service for all purposes in the same
proportion as the quantum of financial assistance bears to full salary of the
staff member.
88.23 Scholarships for
Part-Time Study - In addition to the study time/study leave provisions under
this clause, the NSW Police Force may choose to identify courses or educational
programmes of particular relevance or value and establish a NSW Police Force
scholarship to encourage participation in these courses or programmes. The
conditions under which such scholarships are provided should be consistent with
the provisions of this clause.
SECTION 9 - SHIFT
WORK AND OVERTIME
89. Shift Work
89.1 Shift Loadings -
A shift worker employed on a shift shall be paid, for work performed during the
ordinary hours of any such shift, ordinary rates plus the following additional
shift loadings depending on the commencing times of shifts:
Day - at or after 6am and before 10 am
|
Nil
|
Afternoon - at or after 10am and before 1 pm
|
10.0%
|
Afternoon - at or after 1pm and before 4 pm
|
12.5%
|
Night - at or after 4pm and before 4 am
|
15.0%
|
Night - at or after 4am and before 6 am
|
10.0%
|
89.2 The loadings
specified in subclause 89.1 of this clause shall only apply to shifts worked
from Monday to Friday.
89.3 Weekends and
Public Holidays - For the purpose of this clause where a shift is worked past
midnight into or on a Saturday, Sunday or Public Holiday, payment is to be made
at the rate applicable to the day on which the particular hours are worked.
89.4 Saturday Shifts
- Shift workers working on an ordinary rostered shift between midnight on
Friday and midnight on Saturday which is not a public holiday, shall be paid
for such shifts at ordinary time and one half.
89.5 Sunday Shifts -
Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, shall be paid
for such shifts at ordinary time and three quarters.
89.6 Public Holidays:
The following shall apply:
89.6.1 Where
a shift worker is required to and does work on a Public Holiday, the shift
worker shall be paid at two and a half times the rate for time worked. Such payment shall be in lieu of weekend or
shift allowances which would have been payable if the day had not been a Public
Holiday;
89.6.2 A
shift worker rostered off duty on a Public Holiday shall elect to be paid one
day’s pay for that Public Holiday or to have one day added to his/her annual
holidays for each such day;
89.7 Annual leave
shall accrue at the rate of four weeks per year, that is 20 working days plus 8
rest days.
89.8 Additional leave
shall accrue on the following basis:
89.8.1
Number of ordinary
shifts worked on Sunday and/or public
|
Additional leave
|
holiday during a
qualifying period of 12 months from
|
|
1 December one year
to 30 November the next year
|
|
4-10
|
1 additional day
|
11-17
|
2 additional days
|
18-24
|
3 additional days
|
25-31
|
4 additional days
|
32 or more
|
5 additional days
|
89.8.2 Where
the shift worker retires or resigns or the employment of a shift worker is
terminated by the employer, any payment that has accrued from the preceding 1
December until the last day of service shall be paid to the shift worker.
89.8.3 Payment
shall be made at the rate applicable as at 1 December each year or at the
salary rate applicable at the date of retirement, resignation or termination.
89.9 Rosters -
Rosters covering a minimum period of 28 days, where practicable, shall be
prepared and issued at least 7 days prior to the commencement of the rosters.
Each roster shall indicate the starting and finishing time of each shift. Where
current or proposed shift arrangements are incompatible with the shift worker’s
family, religious or community responsibilities, every effort to negotiate
individual alternative arrangements shall be made by the Commissioner.
89.10 Notice of Change
of Shift - A shift worker who is required to change from one shift to another
shift shall, where practicable, be given forty eight (48) hours notice of the
proposed change.
89.11 Breaks between
Shifts - A minimum break of eight (8) consecutive hours between ordinary
rostered shifts shall be given.
89.12 If a shift worker
resumes or continues to work without having had eight (8) consecutive hours off
duty, the shift worker shall be paid overtime in accordance with clause 91,
Overtime Worked by Shift Workers of this award, until released from duty for
eight (8) consecutive hours. The shift worker will then be entitled to be off
duty for at least eight (8) consecutive hours without loss of pay for ordinary
working time which falls during such absence.
89.13 Time spent off
duty may be calculated by determining the amount of time elapsed after:
89.13.1 The
completion of an ordinary rostered shift; or
89.13.2 The
completion of authorised overtime; or
89.13.3 The
completion of additional travelling time, if travelling on duty, but shall not
include time spent travelling to and from the workplace.
89.14 Daylight Saving -
In all cases where a shift worker works during the period of changeover to and
from daylight saving time, the shift worker shall be paid the normal rate for
the shift.
90. Overtime - General
90.1 A staff member
may be directed by the Commissioner to work overtime, provided it is reasonable
for the staff member to be required to do so. A staff member may refuse to work
overtime in circumstances where the working of such overtime would result in
the staff member working unreasonable hours. In determining what is
unreasonable, the following factors shall be taken into account:
90.1.1 The
staff member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
90.1.2 Any
risk to staff member health and safety,
90.1.3 The
urgency of the work required to be performed during overtime, the impact on the
operational commitments of the NSW Police Force and the effect on client
services,
90.1.4 The
notice (if any) given by the Commissioner regarding the working of the
overtime, and by the staff member of their intention to refuse overtime, or
90.1.5 Any
other relevant matter.
90.2 Payment for
overtime shall be made only where the staff member works directed overtime.
90.3 Where a flexible
working hours scheme is in operation, overtime shall be deemed as the hours
directed to be worked before or after the bandwidth or before or after the time
specified in a local arrangement made pursuant to the provisions of clause 12,
Local Arrangements of this award provided that, on the day when overtime is
required to be performed, the staff member shall not be required by the
Commissioner to work more than 7 hours after finishing overtime or before
commencing overtime.
90.4 Payment for
overtime worked and/or on-call (standby) allowance shall not be made under this
clause if the staff member is eligible, under any other industrial instrument,
to:
90.4.1 Compensation
specifically provided for overtime and/or on-call (standby) allowance; or
90.4.2 Be
paid an allowance for overtime and/or on-call (standby) allowance; or
90.4.3 A
rate of salary which has been determined as inclusive of overtime and/or
on-call (standby) allowance.
91. Overtime Worked By
Shift Workers
91.1 The following
rates are payable for any overtime worked by shift workers and shall be in
substitution of and not cumulative upon the rates payable for shift work
performed on Monday to Friday, Saturday, Sunday or Public Holiday.
91.1.1 Monday-Friday
- All overtime worked by shift workers Monday to Friday inclusive, shall be
paid for at the rate of time and one half for the first two hours and double
time thereafter.
91.1.2 Saturday
- All overtime worked by shift workers on Saturday, shall be paid for at the
rate of time and one half for the first two hours and double time thereafter.
91.1.3 Sunday
- All overtime worked by shift workers on a Sunday shall be paid for at the
rate of double time.
91.1.4 Public
Holidays - All overtime worked on a public holiday shall be paid for at the
rate of double time and one half.
91.2 Eight
Consecutive Hours Break on Overtime - When overtime is necessary, wherever
reasonably practicable, it shall be arranged so that shift workers have at
least eight (8) consecutive hours off duty.
91.3 The rest period
off duty shall be not less than eight (8) consecutive hours when the overtime
is worked for the purpose of changing shift rosters except where an arrangement
between shift workers alters the ordinary rostered shift and such alteration
results in a rest period of less than eight (8) hours.
92. Overtime Worked By
Day Workers
92.1 The provisions
of this clause shall not apply to:
92.1.1 Shift
workers as defined in clause 3, Definitions of this award and to whom
provisions of clause 89, Shift Work and clause 91, Overtime Worked by Shift
Workers of this award apply;
92.1.2 Staff
members covered by formal local arrangements in respect of overtime negotiated
between the Commissioner and the Association;
92.1.3 Staff
members to who overtime provisions apply under another industrial instrument;
92.1.4 Staff
members whose salary includes compensation for overtime;
92.1.5 Staff
members who receive an allowance in lieu of overtime; and
92.2 Rates - Overtime
shall be paid at the following rates:
92.2.1 Weekdays
(Monday to Friday inclusive) - at the rate of time and one-half for the first
two hours and at the rate of double time thereafter for all directed overtime
worked outside the staff member’s ordinary hours of duty, if working standard
hours, or outside the bandwidth, if working under a flexible working hours
scheme, unless local arrangements negotiated in terms of clause 12, Local
Arrangements of this award apply;
92.2.2 Saturday
- All overtime worked on a Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
92.2.3 Sundays
- All overtime worked on a Sunday at the rate of double time;
92.2.4 Public
Holidays - All overtime worked on a public holiday at the rate of double time
and one half.
92.3 If a staff
member is absent from duty on any working day during any week in which overtime
has been worked the time so lost may be deducted from the total amount of
overtime worked during the week unless the staff member has been granted leave
of absence or the absence has been caused by circumstances beyond the staff
member’s control.
92.4 A staff member
who works overtime on a Saturday, Sunday or public holiday shall be paid a
minimum payment as for three (3) hours work at the appropriate rate.
92.5 Rest Periods
92.5.1 A
staff member who works overtime shall be entitled to be absent until eight (8)
consecutive hours have elapsed.
92.5.2 Where
a staff member, at the direction of the supervisor, resumes or continues work
without having had eight (8) consecutive hours off duty then such staff member
shall be paid at the appropriate overtime rate until released from duty. The
staff member shall then be entitled to eight (8) consecutive hours off duty and
shall be paid for the ordinary working time occurring during the absence.
93. Recall to Duty
93.1 A staff member
recalled to work overtime after leaving NSW Police Force premises shall be paid for a minimum of three
(3) hours work at the appropriate overtime rates.
93.2 The staff member
shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
93.3 When a staff
member returns to the place of work on a number of occasions in the same day
and the first or subsequent minimum pay period overlap into the next call out
period, payment shall be calculated from the commencement of the first recall
until either the end of duty or three (3) hours from the commencement of the
last recall, whichever is the greater. Such time shall be calculated as one
continuous period.
93.4 When a staff
member returns to the place of work on a second or subsequent occasion and a
period of three (3) hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods with the minimum payment provision only being applied to the
last recall on the day.
93.5 A recall to duty
commences when the staff member starts work and terminates when the work is
completed. A recall to duty does not include time spent travelling to and from
the place at which work is to be undertaken.
93.6 A staff member
recalled to duty within three (3) hours of the commencement of usual hours of
duty shall be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
93.7 This clause
shall not apply in cases where it is customary for a staff member to return to
NSW Police Force premises to perform a specific job outside the staff member’s
ordinary hours of duty, or where overtime is continuous with the completion or
commencement of ordinary hours of duty. Overtime worked in these circumstances
shall not attract the minimum payment of three (3) hours unless the actual time
worked is three (3) or more hours.
94. On-Call (Stand-By)
and on-Call Allowance
94.1 Unless already
eligible for an on-call allowance under another industrial instrument, a staff
member shall be:
94.1.1 Entitled
to be paid the on call allowance set out in Item 13 of Table 2 - Allowances of
Part B Monetary Rates when directed by the NSW Police Force to be on call or on
standby for a possible recall to duty outside the staff member's working hours;
94.1.2 If a
staff member who is on call and is called out by the NSW Police Force, the
overtime provisions as set out in clause 91, Overtime Worked by Shift Workers
or clause 92, Overtime Worked by Day Workers of this award, whichever is
appropriate, shall apply to the time worked;
94.1.3 Where
work problems are resolved without travel to the place of work whether on a
weekday, weekend or public holiday, work performed shall be compensated at
ordinary time for the time actually worked, calculated to the next 15 minutes.
95. Overtime Meal
Breaks
95.1 Staff members
not working flexible working hours - A staff member required to work overtime
on weekdays for an hour and a half or more after the staff member’s ordinary
hours of duty on weekdays, shall be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
95.2 Staff member
working flexible working hours - A staff member required to work overtime on
weekdays beyond 6.00 p.m. and until or beyond eight and a half hours after
commencing duty plus the time taken for lunch, shall be allowed 30 minutes for
a meal and thereafter, 30 minutes for a meal after every five hours of overtime
worked.
95.3 Staff Members
Generally - A staff member required to work overtime on a Saturday, Sunday or
Public Holiday, shall be allowed 30 minutes for a meal after every five hours
of overtime worked. A staff member who is unable to take a meal break and who
works for more than five hours shall be given a meal break at the earliest
opportunity.
96. Overtime Meal
Allowances
96.1 If an adequate
meal is not provided by the NSW Police Force, a meal allowance shall be paid by
the NSW Police Force at the appropriate rate specified in Item 19 of Table 2 -
Allowances of Part B, Monetary Rates, provided the Commissioner is satisfied
that:
96.1.1 the
time worked is directed overtime;
96.1.2 the
staff member properly and reasonably incurred expenditure in obtaining the meal
in respect of which the allowance is sought;
96.1.3 where
the staff member was able to cease duty for at least 30 minutes before or
during the working of overtime to take the meal, the staff member did so; and
96.1.4 overtime
is not being paid in respect of the time taken for a meal break.
96.2 Where an
allowance payable under this clause is insufficient to reimburse the staff
member the cost of a meal, properly and reasonably incurred, the Commissioner
shall approve payment of actual expenses.
96.3 Where a meal was
not purchased, payment of a meal allowance shall not be made.
96.4 Receipts shall
be provided to the Commissioner or delegate in support of any claims for
additional expenses or when the staff member is required to substantiate the
claim.
96.5 Notwithstanding
the above provisions, nothing in this clause shall prevent the Commissioner and
the Association from negotiating different meal provisions under a local
arrangement.
97. Rate of Payment
for Overtime
A staff member whose salary, or salary and allowance in
the nature of salary, exceeds the maximum rate for Clerk Grade 8, as varied
from time to time, shall be paid for working directed overtime at the maximum
rate for Clerk, Grade 8 plus $1.00, unless the Commissioner approves payment
for directed overtime at the staff member’s salary or, where applicable, salary
and allowance in the nature of salary.
98. Payment for
Overtime Or Leave in Lieu
98.1 The Commissioner
shall grant compensation for directed overtime worked either by payment at the
appropriate rate or, if the staff member so elects, by the grant of leave in
lieu in accordance with subclause 98.2 of this clause.
98.2 The following
provisions shall apply to the leave in lieu:
98.2.1 The
staff member shall advise the supervisor before the overtime is worked or as
soon as practicable on completion of overtime, that the staff member intends to
take leave in lieu of payment;
98.2.2 The
leave shall be calculated at the same rate as would have applied to the payment
of overtime in terms of this clause.
98.2.3 The
leave must be taken at the convenience of the NSW Police Force, except when
leave in lieu is being taken to look after a sick family member. In such cases,
the conditions set out in clause 81, Sick Leave to Care for a Sick Family
Member of this award apply.
98.2.4 The
leave shall be taken in multiples of one (1) hour, unless debiting of leave in
hours or in fractions of an hour has been approved in the staff member’s
section;
98.2.5 Leave
in lieu accrued in respect of overtime shall be given by the NSW Police Force
and taken by the staff member within three months of accrual unless alternate
local arrangements have been negotiated between the Commissioner and the
Association;
98.2.6 A
staff member shall be paid for the balance of any overtime entitlement not
taken as leave in lieu.
99. Calculation of
Overtime
99.1 Unless a minimum
payment in terms of subclause 92.4 of clause 92, Overtime Worked by Day Workers
of this award applies, overtime shall not be paid if the total period of
overtime worked is less than a quarter of an hour.
99.2 The formula for
the calculation of overtime at ordinary rates for staff members employed on a
five (5) day basis shall be:
Annual salary
|
X
|
5
|
X
|
1
|
1
|
|
260.89
|
|
No of ordinary
hours of work per week
|
99.3 The formula for
the calculation of overtime at ordinary rates for staff members employed on a
seven (7) day basis shall be:
Annual salary
|
X
|
7
|
X
|
1
|
1
|
|
365.25
|
|
No of ordinary
hours of work per week
|
99.4 To determine
time and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
99.5 Overtime is not
payable for time spent travelling.
100. Provision of
Transport in Conjunction With Working of Overtime
100.1 For the purpose of
this clause, departure or arrival after 8.00 p.m will determine whether the
provisions of this clause apply.
Departure or arrival after 8.00p.m of a staff member on
overtime or a regular or rotating shift roster, does not in itself warrant the
provision of transport. It needs to be demonstrated that the normal means of
transport, public or otherwise, is not reasonably available and/or that travel
by such means of transport places the safety of the staff member at risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above,
rests with administrative units of the NSW Police Force where knowledge of each
particular situation will enable appropriate judgements to be made.
100.2 Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the staff member can use
public transport or other normal means of transport to and from work.
100.3 Provision of Taxis
Where a staff member:
100.3.1 ceases
overtime duty after 8.00 p.m., or
100.3.2 ceases
or commences duty performed as part of a regular or rotating roster of shift
duty after 8.00 p.m.,
and public transport or other normal means of transport
is not reasonably available, arrangements may be made for transport home or to
be provided by way of taxi.
SECTION 10 -
MISCELLANEOUS
101.
Anti-Discrimination
101.1 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.
101.2 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.
101.3 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.
101.4 Nothing in this
clause is to be taken to affect:
101.4.1 Any
conduct or act which is specifically exempted from anti‑ discrimination
legislation;
101.4.2 Offering
or providing junior rates of pay to persons under 21 years of age;
101.4.3 Any act
or practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti‑Discrimination Act 1977;
101.4.4 A party
to this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
101.5 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.
101.5.1 Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
101.5.2 Section
56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
102. Secure Employment
102.1 Work Health and
Safety
102.1.1 For the
purposes of this subclause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
102.1.2 Any
employer which engages a labour hire business and/or a contract business to
perform work wholly or partially on the employer’s premises shall do the
following (either directly, or through the agency of the labour hire or
contract business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace health and safety consultative
arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(c) provide employees
of the labour hire business and/or contract business with appropriate personal
protective equipment and/or clothing and all safe work method statements that
they would otherwise supply to their own employees; and
(d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control
those risks.
102.1.3 Nothing
in this subclause is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act
1998.
102.2 Disputes regarding
the application of this clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
102.3 This clause has no
application in respect of organisations which are properly registered as Group
Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
103. Existing
Entitlements
The provisions of this award shall not affect any
entitlements existing in the NSW Police Force or a section of the NSW Police
Force at the time this award is made, if such provisions are better than the
provisions contained in this award. Such entitlements are hereby expressly
preserved until renegotiated with the Association.
104. Area, Incidence
and Duration
104.1 This award shall
apply to Administrative Officers and Temporary Employees as defined in the NSW
Police Act 1990.
104.2 The changes made
to the award pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G 359) take
effect on and from 2 August 2016.
104.3 Changes made to
this award subsequent to it being published on 28 August 2009 (368 I.G. 1421)
have been incorporated into this award as part of the review.
104.4 This award remains
in force until varied or rescinded, the period for which it was made having
already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Classification and Grades
|
FFPP
|
FFPP
|
FFPP
|
|
1.7.14
|
1.7.15
|
1.7.16
|
|
Per
|
Per
|
Per
|
|
Annum
|
Annum
|
Annum
|
|
+2.27%
|
+2.5%
|
+2.5%
|
|
$
|
$
|
$
|
Armourer, Police
|
|
|
|
1st Year of service
|
67,341
|
69,025
|
70,751
|
2nd Year of service
|
68,568
|
70,282
|
72,039
|
3rd Year of service
|
70,087
|
71,839
|
73,635
|
4th Year of service and thereafter
|
71,410
|
73,195
|
75,025
|
Senior Armourer, Police
|
|
|
|
1st Year of service
|
74,805
|
76,675
|
78,592
|
2nd Year of service
|
76,391
|
78,301
|
80,259
|
3rd Year of service and thereafter
|
78,565
|
80,529
|
82,542
|
Administrative and Clerical Clerks General
Scale
|
|
|
|
Clerks General Scale step 1
|
27,724
|
28,417
|
29,127
|
Clerks General Scale step 2
|
31,461
|
32,248
|
33,054
|
Clerks General Scale step 3
|
33,441
|
34,277
|
35,134
|
-
1st year of service or 18 years
|
|
|
|
Clerks General Scale step 4
|
37,892
|
38,839
|
39,810
|
Minimum for:
|
|
|
|
- employee with Business Administration Certificate
III, Government Certificate III or equivalent at 18 years of age
|
|
|
|
- employee with Higher School Certificate
Qualification at 19 years of age
|
|
|
|
Clerks General Scale step 5
Minimum for:
|
40,448
|
41,459
|
42,495
|
- employee with Business Administration
Certificate III, Government Certificate III or equivalent and is qualified at
HSC standard at 17 years of age
|
|
|
|
- employee 20 years of age
|
|
|
|
Clerks General Scale step 6
|
43,593
|
44,683
|
45,800
|
Minimum for employee 21 years of age
|
|
|
|
Clerks General Scale step 7
|
44,781
|
45,901
|
47,049
|
Clerks General Scale step 8
|
46,676
|
47,843
|
49,039
|
Clerks General Scale step 9
|
47,523
|
48,711
|
49,929
|
Clerks General Scale step 10
|
48,702
|
49,920
|
51,168
|
Clerks General Scale step 11
|
50,503
|
51,766
|
53,060
|
Clerks General Scale step 12
|
52,334
|
53,642
|
54,983
|
Clerks General Scale step 13
|
54,267
|
55,624
|
57,015
|
Provided that officers who on 6th December
1979 were on 14th year of General Scale and paid personal allowance of
$417.00 p.a. in terms of Circular No. 202 of 1979 shall be paid by way of
allowance above step 13 of the General Scale
|
56,588
|
58,003
|
59,453
|
Grade 1
|
|
|
|
1st Year of service
|
57,256
|
58,687
|
60,154
|
Thereafter
|
58,938
|
60,411
|
61,921
|
Grade 2
|
|
|
|
1st Year of service
|
60,582
|
62,097
|
63,649
|
Thereafter
|
62,245
|
63,801
|
65,396
|
Grade 3
|
|
|
|
1st Year of service
|
64,008
|
65,608
|
67,248
|
Thereafter
|
65,938
|
67,586
|
69,276
|
Grade 4
|
|
|
|
1st Year of service
|
67,996
|
69,696
|
71,438
|
Thereafter
|
70,087
|
71,839
|
73,635
|
Grade 5
|
|
|
|
1st Year of service
|
75,559
|
77,448
|
79,384
|
Thereafter
|
77,942
|
79,891
|
81,888
|
Grade 6
|
|
|
|
1st Year of service
|
80,997
|
83,022
|
85,098
|
Thereafter
|
83,371
|
85,455
|
87,591
|
Grade 7
|
|
|
|
1st Year of service
|
85,868
|
88,015
|
90,215
|
Thereafter
|
88,435
|
90,646
|
92,912
|
Grade 8
|
|
|
|
1st Year of service
|
92,120
|
94,423
|
96,784
|
Thereafter
|
95,050
|
97,426
|
99,862
|
Grade 9
|
|
|
|
1st Year of service
|
97,883
|
100,330
|
102,838
|
Thereafter
|
100,635
|
103,151
|
105,730
|
Grade 10
|
|
|
|
1st Year of service
|
104,743
|
107,362
|
110,046
|
Thereafter
|
107,863
|
110,560
|
113,324
|
Grade 11
|
|
|
|
1st Year of service
|
113,212
|
116,042
|
118,943
|
Thereafter
|
118,011
|
120,961
|
123,985
|
Grade 12
|
|
|
|
1st Year of service
|
125,403
|
128,538
|
131,751
|
Thereafter
|
130,929
|
134,202
|
137,557
|
Bar Manager, Police College
|
|
|
|
1st Year of service
|
56,819
|
58,239
|
59,695
|
Thereafter
|
57,856
|
59,302
|
60,785
|
Building Manager (Sydney Police Centre)
|
|
|
|
1st Year of service
|
72,115
|
73,918
|
75,766
|
2nd Year of service
|
72,835
|
74,656
|
76,522
|
PT Building Manager Allowance
|
1,318
|
1,351
|
1,385
|
Clerical Officer - translated to
Administrative and Clerical Clerks classification - see Table 2 of this award
|
|
|
|
Clinical Pharmacologist
|
142,143
|
145,697
|
149,339
|
Computer Systems Officer (CSO)
|
|
|
|
CSO Level 1 - Non Graduate
|
|
|
|
Year 1A
|
33,441
|
34,277
|
35,134
|
Year 1B
|
40,448
|
41,459
|
42,495
|
Year 1C
|
43,593
|
44,683
|
45,800
|
Year 1D
|
44,781
|
45,901
|
47,049
|
Year 1E
|
46,676
|
47,843
|
49,039
|
Year 1F
|
47,523
|
48,711
|
49,929
|
Year 2
|
50,503
|
51,766
|
53,060
|
Year 3
|
58,938
|
60,411
|
61,921
|
Year 4
|
62,245
|
63,801
|
65,396
|
CSO Level 1 - Graduate
|
|
|
|
Year 1A (Any degree)
|
50,503
|
51,766
|
53,060
|
Year 1B (Degree - Computer Sciences)
|
52,334
|
53,642
|
54,983
|
Year 2
|
58,938
|
60,411
|
61,921
|
Year 3
|
62,245
|
63,801
|
65,396
|
CSO Level 2
|
|
|
|
Year 1
|
65,938
|
67,586
|
69,276
|
Year 2
|
70,087
|
71,839
|
73,635
|
Year 3
|
77,942
|
79,891
|
81,888
|
CSO Level 3
|
|
|
|
Year 1
|
80,997
|
83,022
|
85,098
|
Year 2
|
83,371
|
85,455
|
87,591
|
Year 3
|
85,868
|
88,015
|
90,215
|
Year 4
|
88,435
|
90,646
|
92,912
|
Year 5
|
92,120
|
94,423
|
96,784
|
Year 6
|
95,050
|
97,426
|
99,862
|
CSO Level 4
|
|
|
|
Year 1
|
97,883
|
100,330
|
102,838
|
Year 2
|
100,635
|
103,151
|
105,730
|
Year 3
|
104,743
|
107,362
|
110,046
|
Year 4
|
107,863
|
110,560
|
113,324
|
CSO Level 5
|
|
|
|
Year 1
|
113,212
|
116,042
|
118,943
|
Year 2
|
118,011
|
120,961
|
123,985
|
CSO Level 6
|
|
|
|
Year 1
|
125,403
|
128,538
|
131,751
|
Year 2
|
130,929
|
134,202
|
137,557
|
Departmental Professional Officer
|
|
|
|
Grade I
|
|
|
|
1st Year of service
|
57,256
|
58,687
|
60,154
|
2nd Year of service
|
59,510
|
60,998
|
62,523
|
3rd Year of service
|
62,828
|
64,399
|
66,009
|
4th Year of service
|
67,341
|
69,025
|
70,751
|
5th Year of service
|
72,115
|
73,918
|
75,766
|
6th Year of service and thereafter
|
76,391
|
78,301
|
80,259
|
Grade II
|
|
|
|
1st Year of service
|
80,132
|
82,135
|
84,188
|
2nd Year of service
|
82,507
|
84,570
|
86,684
|
3rd Year of service
|
85,021
|
87,147
|
89,326
|
4th Year of service and thereafter
|
88,435
|
90,646
|
92,912
|
Grade III
|
|
|
|
1st Year of service
|
92,120
|
94,423
|
96,784
|
2nd Year of service
|
95,050
|
97,426
|
99,862
|
3rd Year of service
|
96,943
|
99,367
|
101,851
|
4th Year of service and thereafter
|
100,635
|
103,151
|
105,730
|
Grade IV
|
|
|
|
1st Year of service
|
104,743
|
107,362
|
110,046
|
2nd Year of service and thereafter
|
106,820
|
109,491
|
112,228
|
Grade V
|
|
|
|
1st Year of service
|
111,012
|
113,787
|
116,632
|
2nd Year of service and thereafter
|
113,212
|
116,042
|
118,943
|
Grade VI
|
|
|
|
1st Year of service
|
116,739
|
119,657
|
122,648
|
2nd Year of service and thereafter
|
119,026
|
122,002
|
125,052
|
Grade VII
|
|
|
|
1st Year of service
|
122,705
|
125,773
|
128,917
|
2nd Year of service and thereafter
|
125,403
|
128,538
|
131,751
|
Grade VIII
|
|
|
|
1st Year of service
|
129,484
|
132,721
|
136,039
|
2nd Year of service and thereafter
|
130,929
|
134,202
|
137,557
|
Director of Music (Police Band)
|
|
|
|
1st Year
|
77,942
|
79,891
|
81,888
|
2nd Year
|
80,132
|
82,135
|
84,188
|
3rd Year
|
82,507
|
84,570
|
86,684
|
4th Year
|
85,021
|
87,147
|
89,326
|
5th Year and thereafter
|
87,591
|
89,781
|
92,026
|
Loading
|
|
|
|
1st Year
|
7,794
|
7,989
|
8,189
|
2nd Year
|
8,013
|
8,214
|
8,419
|
3rd Year
|
8,251
|
8,457
|
8,668
|
4th Year
|
8,502
|
8,715
|
8,933
|
5th Year and thereafter
|
8,759
|
8,978
|
9,203
|
Car Drivers
|
|
|
|
Driver/General Assistant
|
50,912
|
52,185
|
53,490
|
Departmental - Driver/Assistant
|
53,823
|
55,169
|
56,548
|
Police Executive Driver/Assistant
|
|
|
|
1st year and thereafter
|
53,792
|
55,137
|
56,515
|
All incidence of employment allowance
|
49,776
|
51,020
|
52,296
|
Clothing Allowance $600 per annum
|
|
|
|
Driving Instructor
|
|
|
|
1st Year
|
70,600
|
72,365
|
74,174
|
2nd Year
|
71,410
|
73,195
|
75,025
|
3rd Year and thereafter
|
73,456
|
75,292
|
77,174
|
Engineer
|
|
|
|
Grade I Diplomate Experience Since
Qualifying
|
|
|
|
In First year
|
57,256
|
58,687
|
60,154
|
After one year
|
59,510
|
60,998
|
62,523
|
After two years
|
62,828
|
64,399
|
66,009
|
After three years
|
67,341
|
69,025
|
70,751
|
After four years
|
72,115
|
73,918
|
75,766
|
After five years
|
76,391
|
78,301
|
80,259
|
Grade I Graduate Experience Since
Qualifying
|
|
|
|
In First year
|
59,510
|
60,998
|
62,523
|
After one year
|
62,828
|
64,399
|
66,009
|
After two years
|
67,341
|
69,025
|
70,751
|
After three years
|
72,115
|
73,918
|
75,766
|
After four years
|
76,391
|
78,301
|
80,259
|
Grade II
|
|
|
|
1st Year of service
|
80,997
|
83,022
|
85,098
|
2nd Year of service
|
84,117
|
86,220
|
88,376
|
3rd Year of service
|
86,732
|
88,900
|
91,123
|
4th Year of service and thereafter
|
89,254
|
91,485
|
93,772
|
Grade III
|
|
|
|
1st Year of service
|
94,022
|
96,373
|
98,782
|
2nd Year of service
|
96,943
|
99,367
|
101,851
|
3rd Year of service
|
100,635
|
103,151
|
105,730
|
4th Year of service and thereafter
|
103,714
|
106,307
|
108,965
|
Grade IV
|
|
|
|
1st Year of service
|
108,916
|
111,639
|
114,430
|
2nd Year of service
|
112,110
|
114,913
|
117,786
|
3rd Year of service and thereafter
|
114,336
|
117,194
|
120,124
|
Grade V
|
|
|
|
1st Year of service
|
119,026
|
122,002
|
125,052
|
2nd Year of service and thereafter
|
121,370
|
124,404
|
127,514
|
Grade VI
|
|
|
|
1st Year of service
|
124,057
|
127,158
|
130,337
|
2nd Year of service and thereafter
|
126,718
|
129,886
|
133,133
|
General Assistant (NSW Police Academy)
|
|
|
|
1st year
|
44,406
|
45,516
|
46,654
|
2nd year
|
44,781
|
45,901
|
47,049
|
3rd year
|
45,630
|
46,771
|
47,940
|
4th year
|
46,676
|
47,843
|
49,039
|
5th Year and thereafter
|
47,523
|
48,711
|
49,929
|
Groom, Mounted Police
|
|
|
|
1st year
|
42,522
|
43,585
|
44,675
|
2nd year and thereafter
|
44,022
|
45,123
|
46,251
|
Imaging Technician
|
|
|
|
1st year
|
64,008
|
65,608
|
67,248
|
2nd year
|
65,938
|
67,586
|
69,276
|
3rd year
|
67,996
|
69,696
|
71,438
|
4th year and thereafter
|
70,087
|
71,839
|
73,635
|
Interpreters and Translators
|
|
|
|
Interpreter/Translator
|
|
|
|
Year 1
|
62,828
|
64,399
|
66,009
|
Year 2
|
67,341
|
69,025
|
70,751
|
Year 3
|
72,115
|
73,918
|
75,766
|
Year 4
|
76,391
|
78,301
|
80,259
|
Year 5
|
80,132
|
82,135
|
84,188
|
Senior Interpreter/Translator
|
|
|
|
Year 1
|
82,507
|
84,570
|
86,684
|
Year 2
|
85,021
|
87,147
|
89,326
|
Year 3
|
88,435
|
90,646
|
92,912
|
Legal Officers
|
|
|
|
Grade I
|
|
|
|
1st Year of service
|
59,972
|
61,471
|
63,008
|
2nd Year of service
|
62,245
|
63,801
|
65,396
|
3rd Year of service
|
64,008
|
65,608
|
67,248
|
4th Year of service
|
65,938
|
67,586
|
69,276
|
5th Year of service
|
68,568
|
70,282
|
72,039
|
Grade II
|
|
|
|
1st Year of service
|
74,216
|
76,071
|
77,973
|
2nd Year of service
|
77,942
|
79,891
|
81,888
|
3rd Year of service
|
82,507
|
84,570
|
86,684
|
4th Year of service
|
86,732
|
88,900
|
91,123
|
5th Year of service
|
90,191
|
92,446
|
94,757
|
Grade III
|
|
|
|
1st Year of service
|
95,050
|
97,426
|
99,862
|
2nd Year of service
|
97,883
|
100,330
|
102,838
|
3rd Year of service
|
101,659
|
104,200
|
106,805
|
Grade IV
|
|
|
|
1st Year of service
|
108,916
|
111,639
|
114,430
|
2nd Year of service
|
111,012
|
113,787
|
116,632
|
Grade V
|
|
|
|
1st Year of service
|
116,739
|
119,657
|
122,648
|
2nd Year of service
|
119,026
|
122,002
|
125,052
|
Grade VI
|
|
|
|
1st Year of service
|
125,403
|
128,538
|
131,751
|
2nd Year of service
|
128,046
|
131,247
|
134,528
|
Librarian and Archivists
|
|
|
|
Grade 1
|
|
|
|
Year 1
|
57,256
|
58,687
|
60,154
|
Year 2
|
60,582
|
62,097
|
63,649
|
Year 3
|
64,008
|
65,608
|
67,248
|
Year 4
|
67,996
|
69,696
|
71,438
|
Year 5
|
71,410
|
73,195
|
75,025
|
Year 6
|
74,805
|
76,675
|
78,592
|
Grade 2
|
|
|
|
Year 1
|
77,942
|
79,891
|
81,888
|
Year 2
|
80,997
|
83,022
|
85,098
|
Year 3
|
85,021
|
87,147
|
89,326
|
Year 4
|
88,435
|
90,646
|
92,912
|
Grade 3
|
|
|
|
Year 1
|
93,086
|
95,413
|
97,798
|
Year 2
|
95,962
|
98,361
|
100,820
|
Year 3
|
99,730
|
102,223
|
104,779
|
Year 4
|
103,714
|
106,307
|
108,965
|
Grade 4
|
|
|
|
Year 1
|
106,820
|
109,491
|
112,228
|
Year 2
|
109,964
|
112,713
|
115,531
|
Year 3
|
113,212
|
116,042
|
118,943
|
Year 4
|
116,739
|
119,657
|
122,648
|
Grade 5
|
|
|
|
Year 1
|
120,033
|
123,034
|
126,110
|
Year 2
|
124,057
|
127,158
|
130,337
|
Year 3
|
128,046
|
131,247
|
134,528
|
Year 4
|
132,390
|
135,700
|
139,093
|
Library Assistant
|
|
|
|
Year 1
|
44,781
|
45,901
|
47,049
|
Year 2
|
47,523
|
48,711
|
49,929
|
Year 3
|
50,503
|
51,766
|
53,060
|
Year 4
|
54,267
|
55,624
|
57,015
|
Year 5
|
56,271
|
57,678
|
59,120
|
Library Technician
|
|
|
|
Grade 1
|
|
|
|
Year 1
|
57,256
|
58,687
|
60,154
|
Year 2
|
60,582
|
62,097
|
63,649
|
Year 3
|
64,008
|
65,608
|
67,248
|
Year 4
|
67,996
|
69,696
|
71,438
|
Grade 2
|
|
|
|
Year 1
|
75,559
|
77,448
|
79,384
|
Year 2
|
77,942
|
79,891
|
81,888
|
Year 3
|
80,997
|
83,022
|
85,098
|
Year 4
|
85,021
|
87,147
|
89,326
|
Maintenance Attendant, Police Academy
|
45,630
|
46,771
|
47,940
|
Maintenance Officer Trades
|
67,996
|
69,696
|
71,438
|
Manager Trades
|
|
|
|
1st year
|
95,050
|
97,426
|
99,862
|
2nd year and thereafter
|
95,962
|
98,361
|
100,820
|
On call Allowance (per hour)
|
0.90
|
0.92
|
0.94
|
Assistant Manager Trades
|
|
|
|
1st year
|
77,942
|
79,891
|
81,888
|
2nd year and thereafter
|
79,419
|
81,404
|
83,439
|
On call Allowance (per hour)
|
0.90
|
0.92
|
0.94
|
Pathology Exhibit Courier
|
52,334
|
53,642
|
54,983
|
Photogrammetrist
|
|
|
|
General Scale
|
|
|
|
1st year
|
33,441
|
34,277
|
35,134
|
2nd year
|
40,448
|
41,459
|
42,495
|
3rd year
|
43,593
|
44,683
|
45,800
|
4th year
|
44,781
|
45,901
|
47,049
|
5th year
|
46,676
|
47,843
|
49,039
|
6th year
|
47,523
|
48,711
|
49,929
|
7th year
|
48,702
|
49,920
|
51,168
|
8th year
|
50,503
|
51,766
|
53,060
|
9th year
|
52,334
|
53,642
|
54,983
|
10th year
|
54,267
|
55,624
|
57,015
|
11th year
|
57,256
|
58,687
|
60,154
|
12th year
|
58,938
|
60,411
|
61,921
|
13th year
|
60,582
|
62,097
|
63,649
|
14th year
|
62,245
|
63,801
|
65,396
|
Officer HSC aged 19 and over paid not less
than
|
37,892
|
38,839
|
39,810
|
Class 1
|
|
|
|
1st year
|
64,008
|
65,608
|
67,248
|
2nd year
|
65,938
|
67,586
|
69,276
|
3rd year
|
67,996
|
69,696
|
71,438
|
4th year
|
70,087
|
71,839
|
73,635
|
Class 2
|
|
|
|
1st year
|
75,559
|
77,448
|
79,384
|
2nd year
|
77,942
|
79,891
|
81,888
|
Class 3
|
|
|
|
1st year
|
80,997
|
83,022
|
85,098
|
2nd year
|
83,371
|
85,455
|
87,591
|
Class 4
|
|
|
|
1st year
|
85,868
|
88,015
|
90,215
|
2nd year
|
88,435
|
90,646
|
92,912
|
Class 5
|
|
|
|
1st year
|
92,120
|
94,423
|
96,784
|
2nd year
|
95,050
|
97,426
|
99,862
|
Class 6
|
|
|
|
1st year
|
97,883
|
100,330
|
102,838
|
2nd year
|
100,635
|
103,151
|
105,730
|
Class 7
|
|
|
|
1st year
|
104,743
|
107,362
|
110,046
|
2nd year
|
107,863
|
110,560
|
113,324
|
Public Relations Officer
|
|
|
|
Assistant Publicity Officers
|
|
|
|
1st Year of service
|
64,677
|
66,294
|
67,951
|
2nd Year of service
|
66,559
|
68,223
|
69,929
|
Publicity Officers
|
|
|
|
1st Year of service
|
71,410
|
73,195
|
75,025
|
2nd Year of service
|
73,456
|
75,292
|
77,174
|
3rd Year of service and thereafter
|
74,805
|
76,675
|
78,592
|
Public Relations Officer
|
|
|
|
Grade II
|
|
|
|
1st Year of service
|
85,021
|
87,147
|
89,326
|
2nd Year of service
|
86,732
|
88,900
|
91,123
|
3rd Year of service and thereafter
|
88,435
|
90,646
|
92,912
|
Grade I
|
|
|
|
1st Year of service
|
99,730
|
102,223
|
104,779
|
2nd Year of service
|
101,659
|
104,200
|
106,805
|
3rd Year of service and thereafter
|
103,714
|
106,307
|
108,965
|
Allowance in lieu of overtime (per annum)
|
12,586
|
12,901
|
13,224
|
Radio Technician
|
|
|
|
1st Year of service
|
57,856
|
59,302
|
60,785
|
2nd Year of service
|
58,337
|
59,795
|
61,290
|
3rd Year of service and thereafter
|
59,510
|
60,998
|
62,523
|
Radio Technician, senior
|
|
|
|
1st Year of service
|
63,382
|
64,967
|
66,591
|
2nd Year of service and thereafter
|
64,008
|
65,608
|
67,248
|
Scientific Officer
|
|
|
|
Grade I
|
|
|
|
1st Year of service
|
57,256
|
58,687
|
60,154
|
2nd Year of service
|
59,510
|
60,998
|
62,523
|
3rd Year of service
|
62,828
|
64,399
|
66,009
|
4th Year of service
|
67,341
|
69,025
|
70,751
|
5th Year of service
|
72,115
|
73,918
|
75,766
|
6th Year of service and thereafter
|
76,391
|
78,301
|
80,259
|
Grade II
|
|
|
|
1st Year of service
|
80,132
|
82,135
|
84,188
|
2nd Year of service
|
82,507
|
84,570
|
86,684
|
3rd Year of service
|
85,021
|
87,147
|
89,326
|
4th Year of service and thereafter
|
88,435
|
90,646
|
92,912
|
Grade III
|
|
|
|
1st Year of service
|
92,120
|
94,423
|
96,784
|
2nd Year of service
|
95,050
|
97,426
|
99,862
|
3rd Year of service and thereafter
|
96,943
|
99,367
|
101,851
|
Grade IV
|
|
|
|
1st Year of service
|
101,659
|
104,200
|
106,805
|
2nd Year of service
|
104,743
|
107,362
|
110,046
|
3rd Year of service and thereafter
|
106,820
|
109,491
|
112,228
|
Grade V
|
|
|
|
1st Year of service
|
111,012
|
113,787
|
116,632
|
2nd Year of service and thereafter
|
114,336
|
117,194
|
120,124
|
Grade VI
|
|
|
|
1st Year of service
|
118,011
|
120,961
|
123,985
|
2nd Year of service
|
121,370
|
124,404
|
127,514
|
Senior Basement Attendant, Police
Headquarters
|
|
|
|
1st Year of service
|
49,203
|
50,433
|
51,694
|
2nd Year of service
|
50,019
|
51,269
|
52,551
|
3rd Year of service
|
50,503
|
51,766
|
53,060
|
4th Year of service and thereafter
|
51,390
|
52,675
|
53,992
|
Senior Officers
|
|
|
|
Grade 1
|
|
|
|
Year 1
|
146,499
|
150,161
|
153,915
|
Year 2
|
157,856
|
161,802
|
165,847
|
Grade 2
|
|
|
|
Year 1
|
160,527
|
164,540
|
168,654
|
Year 2
|
171,845
|
176,141
|
180,545
|
Grade 3
|
|
|
|
Year 1
|
177,595
|
182,035
|
186,586
|
Year 2
|
194,948
|
199,822
|
204,818
|
Stenographers and Machine Operators
|
|
|
|
(Present Occupants Only)
|
|
|
|
1st year (up to 17 years)
|
24,838
|
25,459
|
26,095
|
2nd year (or 17 years)
|
29,483
|
30,220
|
30,976
|
3rd year (or 18 years)
|
33,441
|
34,277
|
35,134
|
4th year (or 19 years)
|
37,892
|
38,839
|
39,810
|
5th year (or 20 years)
|
40,080
|
41,082
|
42,109
|
6th year (or 21 years)
|
44,406
|
45,516
|
46,654
|
7th year
|
45,630
|
46,771
|
47,940
|
8th year
|
47,135
|
48,313
|
49,521
|
9th year
|
50,912
|
52,185
|
53,490
|
10th year
|
51,806
|
53,101
|
54,429
|
11th year
|
53,273
|
54,605
|
55,970
|
12th year
|
54,267
|
55,624
|
57,015
|
Grade 1 -
|
|
|
|
1st year
|
57,256
|
58,687
|
60,154
|
2nd year
|
58,938
|
60,411
|
61,921
|
Grade 2 -
|
|
|
|
1st year
|
60,582
|
62,097
|
63,649
|
2nd year
|
62,245
|
63,801
|
65,396
|
Grade 3 -
|
|
|
|
1st year
|
64,008
|
65,608
|
67,248
|
2nd year
|
65,938
|
67,586
|
69,276
|
Storeman Attendant
|
43,593
|
44,683
|
45,800
|
Stores Officers
|
|
|
|
Grade 1
|
|
|
|
1st Year of service
|
50,019
|
51,269
|
52,551
|
2nd Year of service and thereafter
|
50,912
|
52,185
|
53,490
|
Grade 2
|
|
|
|
1st Year of service
|
51,390
|
52,675
|
53,992
|
2nd Year of service and thereafter
|
51,806
|
53,101
|
54,429
|
Grade 3
|
|
|
|
1st Year of service
|
52,334
|
53,642
|
54,983
|
2nd Year of service and thereafter
|
52,834
|
54,155
|
55,509
|
Grade 4
|
|
|
|
1st Year of service
|
53,823
|
55,169
|
56,548
|
2nd Year of service
|
54,878
|
56,250
|
57,656
|
3rd Year of service and thereafter
|
54,878
|
56,250
|
57,656
|
Technical Officer
|
|
|
|
Grade 1
|
|
|
|
1st Year of service
|
58,337
|
59,795
|
61,290
|
2nd Year of service
|
59,972
|
61,471
|
63,008
|
3rd Year of service
|
61,634
|
63,175
|
64,754
|
4th Year of service
|
62,828
|
64,399
|
66,009
|
5th Year of service
|
64,677
|
66,294
|
67,951
|
Grade 2
|
|
|
|
1st Year of service
|
67,996
|
69,696
|
71,438
|
2nd Year of service
|
69,378
|
71,112
|
72,890
|
3rd Year of service
|
70,600
|
72,365
|
74,174
|
4th Year of service
|
72,115
|
73,918
|
75,766
|
Grade 3
|
|
|
|
1st year of service and thereafter
|
77,045
|
78,971
|
80,945
|
Senior Technical Officer
|
|
|
|
Grade 1
|
|
|
|
1st Year of service
|
75,559
|
77,448
|
79,384
|
2nd Year of service
|
77,045
|
78,971
|
80,945
|
3rd Year of service
|
79,419
|
81,404
|
83,439
|
Grade 2
|
|
|
|
1st Year of service
|
81,787
|
83,832
|
85,928
|
2nd Year of service
|
84,117
|
86,220
|
88,376
|
Grade 3
|
87,591
|
89,781
|
92,026
|
Technical Officer, Maintenance Services
|
80,132
|
82,135
|
84,188
|
Technician
|
|
|
|
Class 1
|
|
|
|
1st year of service
|
54,267
|
55,624
|
57,015
|
2nd year of service
|
55,856
|
57,252
|
58,683
|
Class 2
|
|
|
|
1st year of service
|
58,938
|
60,411
|
61,921
|
2nd year of service
|
60,582
|
62,097
|
63,649
|
Class 3
|
|
|
|
1st year of service
|
64,008
|
65,608
|
67,248
|
2nd year of service
|
65,277
|
66,909
|
68,582
|
Class 4
|
|
|
|
1st year of service
|
66,559
|
68,223
|
69,929
|
2nd year of service
|
67,341
|
69,025
|
70,751
|
Transport Officer
|
54,878
|
56,250
|
57,656
|
Transport Officer, Mechanical
|
|
|
|
Year 1
|
64,008
|
65,608
|
67,248
|
Year 2
|
64,677
|
66,294
|
67,951
|
Year 3
|
65,277
|
66,909
|
68,582
|
Year 4
|
65,938
|
67,586
|
69,276
|
Uniform Fitter and Advisory Officer
|
52,834
|
54,155
|
55,509
|