Crown Employees (Police Officers - 2009) Award [2012] NSWIRComm 23

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (Police Officers - 2009) Award [2012] NSWIRComm 23 Hearing dates: 8, 22, 23, 24, 25, 26, 29, 30 and 31 August; 1, 5, 6, 7, 8, 12, 13, 14 and 15 September; 24, 25 and 26 October; 7, 8, 9, 10, 14, 28, 29, 30 November 2011 and 26 February 2012 Decision date: 28 March 2012 Jurisdiction: Industrial Relations Commission Before: Walton J, Vice-President; Staff J; Tabbaa C Decision: 1. We have decided a new award shall be made governing police officers in New South Wales in conformity with this decision. 2. By reliance upon an agreed representative sample of LACs and specialist Commands, the Association has, with respect to the general claim, satisfied the requirements of the Arbitrated Case Principle and, in particular, the work value and productivity and efficiency sub-principles. 3. We consider that the Association has satisfied the requirements of the Arbitrated Case Principle and, in particular, the special case and work value sub-principles with respect to the specialist claims made for police prosecutors and experts within the FSG. The new award made in accordance with this decision shall fix a new classification structure for police prosecutors (the width of the definition of that classification remains to be addressed) with appropriate rates of pay and an allowance for expert FSG officers. The specialist claims advanced by the Association are otherwise dismissed. 4. The operative date for any variation in rates of pay arising out of the general claim shall, in accordance with the parties' agreement, be on and from 1 July 2011. The variations to the existing award applicable to police prosecutors and FSG experts shall operate on and from today's date. 5. The parties are directed to confer within two weeks of the date of this decision as to the appropriate form of any award and as to questions of remedy. 6. The parties shall thereafter file and serve submissions as to the matters identified in this conclusion within four weeks (in the case of the Association) and six weeks (in the case of the Commissioner) of the date of this decision. There is liberty to apply with respect to the updating of any financial evidence in the light of this decision. These matters will be listed before the Vice-President for a directions hearing at 9.30 am Monday 14 May 2012. Catchwords: AWARD - application for variation - police officers - exemption from Industrial Relations Public Sector Conditions of Employment Regulation 2011 - Arbitrated Case Principle - application for general salary increase and particular claims for specialist groups - general claim based on work value and productivity sub-principles and reliance placed on economic factors - specialist claims pressed on basis of work value and productivity and efficiency sub-principles, except for police prosecutors, Tactical Operations Unit and Forensic Services Group where special case sub-principle relied upon - two stages to proceedings - first stage general claim and claim for specialist group - first stage restricted to merits of claim not remedy - representative sample for general claim - Statement of Principle underpinning arbitration - general claim - Arbitrated Case Principle - Work Value Principles - datum point - proactive policing - impact of previous agreements and awards - buy out of claims - statistics - crime rates - proactive interventions - relationship crime rates and proactive interventions - historical analysis of proactive policing prior to datum point - OCR - TITUS - intelligence-based policing - targets, business plans, infrastructure, policies and management of proactive policy - conclusion re proactivity before datum point - post-datum point analysis - State Plan - COMPASS - conclusions post-datum point - changes to reactive/proactive mix - moderating factors - analysis of work value and proactivity - work intensification - relationship to work value - whether changes to nature of work linked to intensification - conclusion police proactivity - changes to equipment, infrastructure and technology - changes to legislation, policy and procedures - Duty Officers - training - specialist groups in representative sample - State Crime Command - Professional Standards Command - Marine Area Command - conclusion specialist groups in sample - Work Value Principle satisfied with limitations on degree - productivity and efficiency - relevant principles - productivity and efficiency principles satisfied re general claim - economic factors - principles - finding as to forecasts for inflation and affect on purchasing power of wages - Arbitrated Case Principle satisfied for general claim - remedies await further hearing - specialist claims - threshold issues - industrial and structural considerations - adequacy of 2003 Review re special allowances - threshold issues established - whether exceptions should be allowed based on justice and fairness - police prosecutors - undervaluation found - satisfied special case and work value sub-principle - Forensic Services Group - experts - special case made out for experts - balance of FSG claims refused with recommendation for internal review - Tactical Operations Unit - work value and productivity and efficiency not exceed findings in general claim - claim rejected - recommendation for internal review - balance specialist claims dismissed - directions hearing fixed.