Crown Employees (Police Officers - 2024) Award [2024] NSWIRComm 24

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (Police Officers - 2024) Award [2024] NSWIRComm 24 Hearing dates: 9 December 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Industrial Relations Commission Before: Taylor J, President Decision: (1) Pursuant to s 17 of the Industrial Relations Act 1996 (NSW), the Crown Employees (Police Officers-2021) Award is rescinded. (2) Pursuant to s 10 of the Industrial Relations Act 1996 (NSW), the Crown Employees (Police Officers-2024) Award is made with effect from 1 July 2024 in the form filed by the Commissioner of Police on 12 December 2024 Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Award — Making of a Consent Award — No issue of principle Legislation Cited: Industrial Relations Act 1996 (NSW), ss 10, 15, 17 Category: Principal judgment Parties: Commissioner of Police (Applicant) Police Association of New South Wales (Respondent) Representation: Solicitors: Crown Solicitor (Commissioner of Police)

Representatives: A Howell (Police Association of New South Wales) K Membreno (Police Association of New South Wales) File Number(s): 2024/453893, 2024/243245 Publication restriction: Nil

DECISION 1. This decision concerns a consent application to make a new three-year award to apply to New South Wales Police Officers effective from 1 July 2024.

Background 1. On 1 July 2024, the Police Association of NSW ('PANSW') filed an application pursuant to s 10 of the Industrial Relations Act 1996 (NSW), for the making of a new award, naming the Commissioner of Police as the respondent. 2. Following discussions between the parties, on 5 December 2024, the Commissioner of Police filed a fresh application seeking to have the Commission make a new Crown Employees (Police Officers-2024) Award ('Consent Award') for a three-year term ending 30 June 2027, in agreed terms. 3. The application also sought, as a consequence, that the Commission rescind the existing award known as the Crown Employees (Police Officers-2021) Award, pursuant to s 17 of the Industrial Relations Act. 4. The application was accompanied by an affidavit sworn by Assistant Commissioner Brett Greentree on 5 December 2024. 5. The application stated that the Consent Award will achieve the following outcomes: 1. An increase to salaries and salary-related allowances (exclusive of superannuation) for the following cohorts as follows: 1. For non-commissioned officers: 1. 4% from 1 July 2024; 2. 4% from 1 July 2025; and 3. 5% from 1 July 2026 1. For commissioned officers (other than Inspectors): 1. 3.5% from 1 July 2024; 2. 3% from 1 July 2025; and 3. 3% from 1 July 2026 1. For commissioned officers who are Inspectors: 1. 4% from 1 July 2024 2. 3% from 1 July 2025; and 3. 3.5% from 1 July 2026 1. Changes to the existing pay scale, with officers to be transitioned to a new structure at their next incremental date after 1 July 2024; 2. The removal of the Leading Senior Constable role, noting that existing Leading Senior Constables will be grandfathered and will retain any higher rates of pay such that they will not be worse off; 3. The inclusion of a new Field Training and Assessment allowance, which is to commence as part of the Constable Education Program in line with the first class of new officers in 2025; 4. New on-call arrangements, which provide for the introduction of overtime rates of pay under clause 57 of the Consent Award; 5. An updated clause 42 "Special Duties Allowance"; 6. An updated clause 33 "Leave for Matters Arising from Domestic Violence"; and 7. A No Extra Claims clause noting the undertaking provided by the parties with effect to 1 July 2027. 1. At the following directions hearing on 9 December 2024, I drew attention to some minor drafting issues with the draft Consent Award. I also noted that the affidavit of Assistant Commissioner Brett Greentree lacked detail as to the fiscal impact of the changes and how they are to be funded. 2. On 12 December 2024 the Commissioner of Police filed a Consent Order with an amended Consent Award. The three substantive amendments entailed: 1. The addition of a definition of Leading Senior Constables, inserted in clause 3.13; 2. Removal of a reference to a deleted clause in clause 38.3; and 3. Insertion of a new clause 41.4 clarifying that grandfathered Leading Senior Constables are not entitled to the new Field Training Allowance. 1. Also filed on 12 December 2024 was a further affidavit sworn by Deputy Commissioner Dean Smith dated 12 December 2024. It annexed a summary document prepared in conjunction with the PANSW that explained the translation to the new consolidated pay scale. It confirmed that no officer will receive reduced year-on-year remuneration as a result of the change to the pay scale and that most officers will receive significant increases in remuneration effective from their next incremental adjustment. The affidavit stated that the changes will add an additional $423.1m to operating costs over the three-year nominal term of the award. The affidavit deposed that the Consent Award will, however, have no impact on the NSW Budget because the additional costs over and above the NSW Government's baseline offer will be offset by cost savings arising from reforms to the Police Blue Ribbon Insurance Scheme and an underspend of New South Wales Police Force police officer employee related budgets.