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Police Employee Agreement 2008-2009 THE NEW ZEALAND POLICE EMPLOYEE COLLECTIVE AGREEMENT (Formerly Non-Sworn) 1 July 2009 to 30 June 2010 This Employment Agreement is between the New Zealand Police and the New Zealand Police Association Incorporated / New Zealand Public Service Association Incorporated, made under the provisions of the Employment Relations Act 2000

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Police Employee Agreement 2008-2009

THE NEW ZEALAND POLICE EMPLOYEE COLLECTIVE AGREEMENT

(Formerly Non-Sworn)

1 July 2009 to 30 June 2010

This Employment Agreement is between the New Zealand Police and the New Zealand Police Association Incorporated /

New Zealand Public Service Association Incorporated, made under the provisions of the Employment Relations Act 2000

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Police Employee Agreement 2009-2010 2

The following are the terms of the 2009-2010 Collective Employment Agreement between the New Zealand Police and the New Zealand Police Association/New Zealand Public

Service Association Inc made under the provisions of the Employment Relations Act 2000. CONTENTS SECTION 1 GENERAL INFORMATION 1.1 Coverage of the Agreement 1.2 Term of the Agreement 1.3 Equal Employment Opportunities 1.4 Access to the Agreement 1.5 General Definitions

1.6 Variation of the Agreement 1.7 Savings

SECTION 2 TERMS OF EMPLOYMENT 2.1 Categories of Employment 2.2 Discipline and Dismissal 2.3 Notice of Termination 2.4 Reserved 2.5 Termination of Employment of Sick or Injured Employees 2.6 Re-entry after Absence due to Childcare SECTION 3 HOURS OF WORK AND RELATED PROVISIONS 3.1 Hours of Work 3.2 Meal Periods and Rest Breaks

3.3 Time Off and Payments for Working on a Statutory or Commissioner’s Holiday

3.4 Overtime and Penal Time 3.5 Overtime Rates 3.6 Call Back 3.7 Minimum Break Between Spells of Duty 3.8 Limits of Payment for Overtime 3.9 Reserved 3.10 Work in the Rain 3.11 Limit of payment for Work in the Rain SECTION 4 HOLIDAY AND LEAVE PROVISIONS 4.1 Statutory and Commissioner's Holidays 4.2 Holidays Falling During Leave or Time Off 4.3 Annual Leave 4.4 Additional Annual Leave for Shift workers 4.5 Parental Leave 4.6 Special Leave With or Without Pay 4.7 Sick Leave 4.8 Sickness at Home 4.9 Long Service Leave 4.10 Retiring Leave 4.11 Military Leave

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Police Employee Agreement 2009-2010 3

4.12 Bereavement/Tangihanga Leave 4.13 Witness Leave 4.14 Leave to Attend Meetings of Boards, Councils and Committees 4.15 Leave for Outward Bound Courses 4.16 Leave to Attend Conferences and Conventions 4.17 Leave for Civil Defence, Search and Rescue Operations and Fire

Fighting 4.18 Leave for First Aid Training 4.19 Transfer Leave

4.20 Accident Leave 4.21 Trading Salary for Leave

SECTION 5 REMUNERATION 5.1 Total Remuneration 5.2 Appointments – Movements Between Remuneration Bands 5.3 Progression Within Total Remuneration Bands 5.4 Performance Appraisal 5.5 Progression Between Bands 5.6 Minimum Increase on Progression Between Bands 5.7 Career & Remuneration Structures for Specific Groups 5.8 Moving to a Lower Band & No Total Remuneration Regression 5.9 Procedure for Review 5.10 Publication of Remuneration Profile 5.11 Female Searchers 5.12 Part Time Salaried Employees 5.13 Payment of Salaries 5.14 Deductions From Salaries 5.15 Payment of Average Annual Earnings (Holiday Pay) SECTION 6 ALLOWANCES AND EXPENSES 6.1 Higher Duties Allowance 6.2 Special Duties Allowance 6.3 Transfer Expenses 6.4 Employees working away from usual place of Employment: Fares and

Travelling Time 6.5 Meal Allowance (including Lunch, Midday and Evening Meal) 6.6 Meal Allowance – Shift workers 6.7 Travelling Allowance 6.8 Relieving Allowance 6.9 "Out of Pocket" Expenses Allowance 6.10 Reimbursement of Expenses Incurred Caring for Dependants 6.11 Field Allowance 6.12 Work Related Motor Vehicle Reimbursement

6.13 Transport Assistance 6.14 Morning, Midday and Afternoon Tea Allowance

6.15 Standby Allowance 6.16 Protective Clothing Uniforms and Safety Footwear 6.17 Cleaning of Uniforms and Protective Clothing 6.18 Interpretation Allowance

6.19 First Aid Attendant Allowance 6.20 Travelling Time 6.21 Shift Incentive

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Police Employee Agreement 2009-2010 4

6.22 Supervisory Incentive

SECTION 7 REVIEW AND RESTRUCTURING PROVISIONS

7.1 Consultation 7.2 Application 7.3 Technical Redundancy Situations 7.4 Positions Affected by the Review 7.5 Reconfirmation 7.6 Reassignment 7.7 Reassignment to a Different Location 7.8 Notification of Surplus 7.9 Options 7.10 Retraining 7.11 Severance 7.12 Severance Provisions 7.13 Cessation Leave 7.14 Housing 7.15 Counselling 7.16 Service Recognition

SECTION 8 SPECIFIC CONDITIONS 8.1 Dirty Work Allowance 8.2 Daily Travelling Time 8.3 Annual Leave for Journalists 8.4 Tool Allowances for Engineering Technicians 8.5 Tool Allowances for Tradespersons 8.6 Work in Wet Places or in Arduous Conditions 8.7 Motorways Support Officers 8.8 Welfare Officers (Police Employee) 8.9 Warranted Traffic Officers (Police Employee) 8.10 Authorised Officers SECTION 9 GENERAL PROVISIONS 9.1 Sexual Harassment 9.2 Eye Conservation 9.3 Keyboard Provisions 9.4 Annual Practising Fees 9.5 Study Assistance 9.6 Employee Assistance Programme 9.7 Health and Safety 9.8 Access to Personal Files 9.9 Certificate of Service 9.10 Employee's Organisation Deductions 9.11 Superannuation 9.12 Industrial Democracy 9.13 Conducting Employee's Organisation Business

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Police Employee Agreement 2009-2010 5

SECTION 10 PROCEDURE FOR SOLVING EMPLOYMENT RELATIONSHIP PROBLEMS

MEMORANDA TO AGREEMENT SCHEDULES Schedule 1 Infrastructure Business Unit Support Staff: Specialist Career Structure Schedule 2 Pay scales: Communicators & Dispatchers Schedule 3 Document Examination Schedule 4 Fingerprints Career Structure Schedule 5 Legal Services Staff Schedule 6 Electronic Crime Laboratory Schedule 7 Policy Group Career Structure Schedule 8 Tenprint Officer Career Structure Schedule 9 Reserved Schedule 10 Reserved Schedule 11 Holidays Act Benefit Tables Schedule 12 Reserved Schedule 13 Reserved Schedule 14 Reserved Schedule 15 Service Organisation Facilities Schedule 16 Internal Remuneration Bands, Grievance Procedure Schedule 17 Total Remuneration Pay Scales

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Police Employee Agreement 2009-2010 6

SECTION 1: GENERAL INFORMATION This Agreement details the minimum entitlements and conditions of Police Employee members of Police. 1.1 Coverage of the Agreement

This Agreement shall cover those Police Employee members of the NZ Police Association (2,282 at time of ratification) and/or the NZ Public Service Association Inc (35 at time of ratification) who are permanent full-time or part-time employees

and whose position has been evaluated as falling within the Total Remuneration

Bands prescribed in Section 5 of this Agreement, ie, Remuneration Bands A-J. a) Any employee covered by this Agreement who is subsequently offered

and accepts an individual employment agreement relating to a position that falls outside of the remuneration bands prescribed in this Agreement shall cease to be a party to this Agreement.

b) The parties to this agreement are the NZ Police, the employees who are

covered by its terms, the NZ Police Association and the NZ Public Service Association.

c) Additional Parties i) Where, following the commencement of this Agreement, an

employee becomes a member of either the NZ Police Association or the NZ Public Service Association Inc, they shall be covered by this Agreement and shall be entitled to its benefits and be bound by all of its obligations.

ii) Notwithstanding the above, any new employee who is not an employee organisation member at the time they commence employment will be engaged on an Individual Employment Agreement comprising the terms and conditions of this Agreement for the first 30 days of their employment. If by the expiry of the 30 day period they become a member of either the NZ Police Association or the NZ Public Service Association Inc, they will be covered by this Agreement.

iii) The name of any employee who becomes covered by this Agreement pursuant to sub clause (i) or (ii) above shall be notified to the Police by the relevant employee organisation as soon as possible after acceptance of their membership.

iv) Pursuant to section 15 of the Police Amendment Act 1989, each special member (referred to as ‘Reg 24’ members) appointed under that section shall have available the provisions of this Agreement and the sworn Police provisions. The sworn Police provisions shall be those that applied at 30 June 1990 provided that the plain clothes allowance shall be a daily allowance of $3.07 for any Reg 24 member who is required to undertake the performance of duties in civilian clothing. Except where the National Manager: Human Resources otherwise directs, plain clothes allowance shall not be paid:

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Police Employee Agreement 2009-2010 7

i) For any period when a member is suspended from duty; ii) In excess of 28 days in any period of 12 months while a

member is on sick leave or sedentary duty or engaged on duties other than those for which the allowance was granted.

Each term and condition of employment for Reg 24 members

shall apply in its entirety from one set of provisions or the other. 1.1.1 Bargaining Fee New Zealand Police recognise the time and resource commitment of the New

Zealand Police Association, as well as the organisation benefits, of negotiating a collective agreement.

Accordingly in respect of members of Police on individual agreements, unless a

member of Police is specifically excluded from collective agreement coverage, the New Zealand Police will consider:

- not backdating any collective agreement increase or - only passing on collective agreement benefits if a bargaining fee is paid

to the New Zealand Police Association by members on individual agreements.

1.2 Term of Agreement Except where otherwise specified all provisions contained in this Agreement

shall be deemed to come into force on 1 July 2009 and shall expire on 30 June 2010.

Remuneration and allowances changes will take effect from 1 July 2009. 1.3 Equal Employment Opportunities

The parties are committed to the principle of equality of employment opportunity All terms and conditions of employment are to be implemented on that basis and in particular noting the requirements of Sections 56 and 58 of the State Sector Act, which are appended to this agreement, and Section 58 of the Policing Act 2008.

1.3.1 Childcare Facilities The parties recognise the importance of good quality childcare facilities

being readily available to employee parties. 1.4 Access to the Agreement This collective agreement shall be made readily available to all employees

represented.

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Police Employee Agreement 2009-2010 8

1.5 General Definitions "Commissioner" Commissioner of New Zealand Police "Police/The Police" New Zealand Police "Association/Employee means either the New Zealand Police Organisation” Association or the New Zealand Public Service

Association Inc or both, depending on the context. "Employee" means a Police Employee not holding the Office of

Constable employed on a full-time or part-time basis being a party to this agreement.

"Remuneration Band" A remuneration band establishes maximum and

minimum remuneration levels within which a particular position or group of positions may be placed.

FOR HOURS OF WORK "Scale A, B and C" Provisions set out in Clause 3.1 covering Hours of

Work. "Day" means the period from midnight to the next

succeeding midnight as prescribed in Scale A, B or C.

"Week" means the seven days commencing midnight

Sunday/Monday. "Duty" means the period of service required to be given

during any one period of 24 hours. "Shift" means a single period of continuous duty with or

without a meal break rostered within the ordinary working week under Scale B or Scale C hours of work provisions.

"Shift Work" means work performed to a weekly pattern of

shifts rostered according to work requirements with commencing and finishing times as decided by the Commissioner.

"Call Back" means a period of duty separate and apart from

any ordinary shift or normal period of duty. "Scheduled Call Back" means a call back for which more than 24 hours

notice has been given to the employee concerned. "Emergency Call Back" means a call back for which less than 24 hours

notice has been given to the employee concerned.

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Police Employee Agreement 2009-2010 9

"Extended duty" means duty performed in extension of a shift or normal period of duty and continuous with either the beginning or the end of that period of duty with or without meal breaks.

“Roster cycle” An orderly arrangement of shift sequences for

employees on Scale B or C hours of work. Sequences are repeating unless varied under the terms of the Scale B or Scale C provisions, eg a typical Scale B roster cycle usually repeats over 5 weeks.

"Controlling Officer" means the employee in charge of each section or

group of other employees, at any work location. "Recall Duty" a period of duty separate and apart from any

ordinary shift or extended duty performed for emergency reasons or otherwise within an off-duty period between consecutive shifts or within an off-duty day, and with working time counting from commencement to completion of duty at the recall or call back location, with or without meal breaks.

"Emergency Recall Duty" a period of duty with or without meal breaks

separate and apart from any ordinary shift or extended duty performed for emergency reasons or otherwise, within the off-duty periods between consecutive shifts or within an off-duty day for which appropriate notice has not been given.

FOR LEAVE PURPOSES "Day" means number of hours an employee normally

works each day as prescribed in Scale A, B or C. "Last Day of Duty" means the last day actually worked before an

employee proceeds on leave, resigns, retires etc i.e. the day the employee ceases work.

"Last Day on Pay" means the last day that the employee was or will

be paid to, i.e. did not or will not actually work on that day but is entitled to be paid for on account of leave etc owing.

"Week" five working days in the case of an employee who

usually works five days in each week. 1.6 Variation of the Agreement Any of the provisions in this agreement may be varied by written agreement

between the Parties, in accordance with the following procedure:

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Police Employee Agreement 2009-2010 10

a) Either (any) of the parties to this Agreement may provide the other(s) with a request to vary specific provisions contained in this agreement. The proposed change will be set down in writing.

b) The proposed change will be discussed in the first instance with the

General Manager: Human Resources and the National Secretary or their respective nominees. Representatives of management and staff in areas affected by the proposed change will also be consulted as appropriate.

c) Any agreement to a proposed variation will be subject to confirmation by

the NZ Police and ratification by the employees affected by the proposal. Agreed variation proposals may include provisions for trial periods and terms of review.

d) The ratification process will be if a majority of members vote in support of

the proposal. If the proposed variation is ratified NZ Police and the Association will sign the agreed variation, which will become part of the agreement, and as such binding on the parties.

e) Copies of an agreed variation will be attached to the original signed

copies of this Agreement. The parties acknowledge the existence of the following variations that form part

of this Collective Agreement as at the date of signing: Timor-Leste Deployment Solomon Islands Deployment 1.7 Savings

Except as specifically varied by this Agreement, nothing in this Agreement shall operate so as to reduce the wages and conditions of employment applying to any employee at the date of this Agreement coming into force.

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Police Employee Agreement 2009-2010 11

SECTION 2: TERMS OF EMPLOYMENT 2.1 Categories of Employment

2.1.1 All persons covered by this Agreement will be engaged as permanent salaried employees.

2.1.2 The Commissioner may engage part-time salaried employees where the

work is as follows: a) Ongoing (that is, not temporary seasonal or fluctuating in nature);

and b) of a type which would be performed by salaried employees if it were

full time; and c) capable of being performed efficiently on a part-time basis.

2.2 Discipline and Dismissal

The Commissioner shall issue to each employee a code of conduct. The Code of Conduct places obligations and rights on the employee and employer that shall be observed at all times. The Code of Conduct will form part of the employment relationship. However any changes to the Code shall not be negotiated as part of any renewal of the collective agreements. The following principles are to be followed when dealing with disciplinary matters: a. The employee must be advised of their right to request union assistance

and/or representation at any stage. b. The employee must be advised of the specific matter(s) causing concern

and a reasonable opportunity provided for the employee to provide any reasons or explanations.

c. The employee must be advised of the corrective action required to amend their conduct and given a reasonable opportunity to do so.

d. Before any substantive disciplinary action is taken, an appropriate investigation is to be undertaken by the employer .

e. Matters of misconduct shall be the subject of a progressive warning system.

f. For matters categorised as serious misconduct the employee could be subject to dismissal without the application of progressive warnings.

g. In order to dismiss an employee there must be consideration of the facts of the matter and any mitigating circumstances. Due process and policy is to be adhered to.

h. The process and results of any disciplinary action should be recorded in writing, sighted and signed by the employee and placed on their personal file.

i. In accordance with Police policy, and pending the outcome of an investigation under d), an employee may be:

j. immediately suspended from duty (where health and safety or other circumstances require).

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Police Employee Agreement 2009-2010 12

k. suspended from duty (with or without pay), l. placed on restricted duties m. placed on special leave by agreement for the investigation period. n. Employees stood down or suspended must comply with the term of notice

of suspension or stand down. o. An employee aggrieved by any action taken by the Commissioner, or

his/her representative, may pursue the matter as an Employment Relationship Problem under the procedures of the Employment Relations Act 2000.

2.3 Notice of Termination Excluding the case of a restructuring situation when the provisions of clause 7.8

will apply, notice of termination will apply: a) One month’s notice of termination of employment shall be given by either

party, except as provided below but this may be varied by mutual agreement.

b) Notwithstanding any of the above, in the case of serious misconduct the

Commissioner may dismiss any employee with a lesser period of notice than specified above, or without notice.

2.4 Reserved 2.5 Termination of Employment of Sick or Injured Employee Termination of employment of sick or injured employees is permitted subject to

accepted terms of general employment law, including the Policing Act 2008, i.e. if the time has come where the employer may fairly call a halt to the employment relationship and if the termination is procedurally fair. Where employment is terminated in such circumstances the provisions of clause 4.10.07 covering medical retirement shall apply as if the employee was medically retiring.

2.6 Re-entry after Absence due to Childcare

2.6.1 An employee who resigned from the Police to care for pre-school children may apply to re-enter the Police under preferential provisions provided that:

a) The absence does not exceed four years from the date of resignation

or, five years from the date of cessation of duties to take up parental leave.

b) The applicant must: - produce a birth certificate for the pre-school child; - sign a statutory declaration to the effect that absence has been

due to the care of a pre-school child and paid employment has not been entered into for more than 15 hours a week or other income received during that absence.

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Police Employee Agreement 2009-2010 13

Note: Where paid employment has been entered into for substantially

more than 15 hours per week, or other income earned at a rate in excess of a weekly average equivalent to 15 hours at the salary rate of $30,498 eligibility for re-entry under these provisions will be at the discretion of the Commissioner.

a) An applicant seeking to return to the Police should give at least 3

months' notice and renew that notice at least one month before the date he/she wishes to return to work or one month before the expiry of the period in (a) whichever is the earlier.

2.6.2 Where the applicant meets all the provisions of Clause 2.6.1 above and,

at the time of application: a) has the necessary skills to fill competently, a vacancy which is

available in the Police; and b) the position is substantially the same in character and at the same or

lower remuneration and band as the position previously held, then the applicant under these provisions is to be appointed in preference to any other applicant for the position.

2.6.3 Absence for child care reasons will interrupt service but not break it. The

period of absence will not count as service for the purposes of sick leave or annual leave or any other leave entitlement. This provision applies equally to all staff regardless of when the absence for child care occurred.

2.6.4 If an applicant under these provisions is not appointed to any position

within three months after the expiry of the period in Clause 2.6.1(a) the benefits of these provisions will lapse.

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Police Employee Agreement 2009-2010 14

SECTION 3: HOURS OF WORK AND RELATED PROVISIONS Note: 1. Unless specifically varied under Section 8, the following conditions apply

to all employees. 2. Rates stated in this section are effective from 26 June 2008. 3.1 Hours of Work

3.1.1 Scale A a) Scale A hours of work are 37 hours 55 minutes each week to be

worked between 8 am (0800) and 5.05 pm (1705) daily from Monday to Friday inclusive, with not more than one hour for lunch each day as directed by the Commissioner.

b) Subject to the Statutory or Commissioner’s holidays prescribed in

this contract and authorised leave of absence, an employee shall observe Scale A hours of work except rostered employees who will observe Scale B or Scale C, and part time employees who will observe such hours as agreed with the Commissioner.

c) An employee on Scale A may be required temporarily to start and/or

finish ordinary hours of work outside the hours specified above. 3.1.2 Flexible Working Hours (a) Scale A employees should, wherever possible, be granted the

opportunity of working flexible working hours and an employee who works such hours shall, if so required, record one or more of the following:

i) commencing and finishing times each day; ii) number of hours worked (either daily hours with a final total, or iii) cumulatively); iv) credit hours or debit hours accumulated each day (including

flexible v) lunch break, credit or debit); vi) particulars of daily absences, eg sick leave, annual leave, leave vii) without pay etc b) Employees working flexible working hours must observe core hours.

Core hours are the hours during which an employee must be on duty. Standard core hours are 9.30 am (0930) to 3.30 pm (1530) with a flexible lunch break of between 30 minutes and 2 hours which is to be taken between the hours of 12 (noon) and 2.00 pm (1400). The Commissioner may modify core or flexible hours between 6 am and 8 pm (0600 - 2000 hours).

c) Other provisions relating to the guidelines for flexible working hours

are in the instructions entitled “Administration of Hours of Work (including Overtime) issued by the Commissioner.

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Police Employee Agreement 2009-2010 15

3.1.3 Provisions Relating to All Scales a) Subject to clause 3.8, an employee on any scale shall, wherever

practicable, be allowed a minimum break of nine consecutive hours between spells of ordinary hours of duty.

b) Employees are expected to work reasonable amounts of overtime, if

required. Any requirement to work overtime should not be unreasonable or overly burdensome. Subject to such conditions as may be prescribed all ordinary hours of work outside those specified above shall be paid for at the rate of T1/2 additional for the first three hours and T1 additional thereafter.

c) The hours of work under any scale, may be reduced by the

Commissioner for any employee on such conditions as may be approved.

d) Employees working full time may be permitted to work reduced hours

for up to 12 months where there are special circumstances. Approval may be given by the Commissioner.

A further period of 12 months may be approved by the Commissioner

after the arrangements have been tested in practice. Details of this are expanded upon and enhanced in the Police

Employee FEO (Flexible Employment Options) policy. e) An employee may be required to temporarily relieve in a position with

a different hours of work scale to their own position due to staff absence on leave, illness etc. This should only be done with the prior consent of the employee concerned. Non shift employees who relieve in shift positions shall receive the same conditions, allowances, and scale of pay as the employee they are relieving for. A shift employee relieving in a non shift position will retain their normal conditions, allowances, and scale of pay.

f) Where an employee is permanently transferred to a position with a

different hours of work scale to their own position the prior consent of the employee concerned must be obtained.

3.1.4 Provisions Relating to Scale B and Scale C Shifts a) No positions are to be designated shift positions before consultation

with the Police Association. b) Employees shall have the privilege of changing shifts one with

another provided that the sanction of the Officer in Charge is obtained and that such change does not involve the payment of additional overtime or other penalties. The intent of this provision is that the total penalty or overtime payments should not be greater than that to which the shift worker being relieved would have been eligible.

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Police Employee Agreement 2009-2010 16

c) Duty rosters for all staff shall be arranged by the Police, after consultation with the employees concerned, so as to provide wherever possible for two consecutive days off duty in each calendar week for each employee. Notices of rosters showing days off for each week shall be posted on staff noticeboards or otherwise advised to staff concerned at least 14 days before the first day to which the roster applies. Notices of overtime, which can be reasonably predicted, shall be given to the staff concerned not less than 14 days in advance of the duty required to be performed. The Police may vary rosters to meet the requirements of special circumstances that could not be reasonably foreseen, in which case no less than 24 hours notice shall be given.

3.1.5 Scale B Shift Provisions a) Normal hours of shift shall be eight hours per day and an average of

40 hours per week on a roster cycle that shall include on average at least two days off per week over the roster cycle as prescribed in rosters approved by the District Commander. By agreement only, employees may work their rostered shifts in split periods of non continuous duty.

b) Alternatively, Scale B shift employees may work contingent rosters

which provide for 24 hour staffing in the following terms: i) rostered shifts shall be no less than 6 and no more than 10 1/4

hours in length with one meal break. ii) split shifts may be rostered with the negotiated consent of both

parties. iii) an average of 40 hours per week is to be worked over the

roster cycle. iv) as a general principle, an average minimum of 4 rest days

(days off) are to be rostered in each fortnight over the roster cycle with at least 2 of those rest days being consecutive.

v) as a general principle, staff should be advised of the roster

cycle at least one cycle in advance, with notice of shift start time to be a minimum of 14 days, except for special policing requirements.

vi) notwithstanding the 9 hour minimum break provision in clause

3.1.3(a), as a general principle for formulating rosters, supervisors should allow, wherever practicable, a minimum break between shifts of 10 hours and, where possible, this should be increased to 12 hours.

c) The following consultation provisions apply to the implementation of

a roster under clause 3.1.5(b): i) In making a decision on whether or not to implement any

proposed roster under clause 3.1.5(b) the District Commander shall take into account the service delivery requirements of the community or communities to be served; the needs of staff; the

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Police Employee Agreement 2009-2010 17

requirements of the Police Strategic and Corporate Plans; and the management and administrative implications.

ii) Before making a decision on whether or not to implement any

proposed roster under clause 3.1.5(b) the District Commander shall include consideration of the submissions and recommendation of the District Commander; any local Rosters Committee(s); and the Association.

iii) Before proceeding with implementation of a roster under clause

3.1.5(b) the District Commander is to ensure staff understand that service performance will be closely monitored and changes will be made to rosters where deemed necessary, provided that where practicable, the submissions of staff and the Association will be taken into consideration before a decision to discontinue a roster is made.

iv) subject to paragraphs (i) and (ii) above, the District

Commander’s decision on whether or not any proposed roster is implemented, or any roster is continued or discontinued, is final.

v) All staff affected by any proposed roster, and this will include

staff not working the roster, are to be consulted prior to implementation. Where staff raise objections to any proposed roster, the District Commander will assess the merits of those objections before making a decision on whether or not to proceed with the proposed roster.

d) All employees in Scale B positions are recognised as having to take

their meal when possible as operational demands dictate. In recognition of this reality, their period of duty includes a 30 minute paid meal break.

e) When changes to the published rosters involve the cancellation or

deferment of previously rostered days off, the rostering provisions of clause 3.1.4(c) are to be complied with and the days off so affected are to be immediately re-rostered and taken within the roster cycle, or, if the situation arises in the last week of a roster cycle, within the immediately following roster cycle. Time worked on previously rostered days off is therefore not overtime. Where the cancelled rostered day/s off is a Saturday and/or a Sunday, every attempt should be made for the deferred day off to be rostered on a Saturday and/or Sunday.

3.1.6 Scale C Shift Provisions The normal hours of duty shall be seven hours 35 minutes per day on any

five days of the week provided that, if operational requirements so demand, any particular shift may be extended to eight hours for that day without overtime payments being made.

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3.2 Meal Periods and Rest Breaks (a) Meal Periods (Scale B and C): i) Employees shall not normally be required to work for more than

five hours continuously without being relieved from duty for a meal for a period of not less than half an hour nor more than one hour.

ii) Scale B and C employees must be allocated a meal break for each shift over 4 hours. In the case of all employees exceptional circumstances may arise where a meal break cannot be taken due to an emergency situation, but such situations would be rare. Health and safety considerations must be taken into account in allocating appropriate breaks from duty.

iii) Notwithstanding the above, if the nature of the work precludes release from duty at the rostered time for a meal break, provision shall be made if possible for partaking of a meal in conjunction with continuing on duty and working time shall count as continuous. The partaking of this "crib" meal shall be dependent on the nature of the work requirements and should not be prejudicial to efficient attention to allotted duties.

iv) Scale B employees working shifts other than those whose hours are prescribed for Scale C employees in 3.1.6 above shall be allotted a crib meal break not exceeding 30 minutes to be taken as far as possible in the middle of their duty period. The crib meal shall count as time worked whether or not the meal is also accompanied by a break from duty.

(b) Rest Breaks: For shifts under 10 hours in duration an employee on any scale shall be

allowed two rest breaks of 10 minutes each. For shifts of 10 hours duration or more an employee on any scale shall

be allowed three rest breaks of 10 minutes each. The duration and timing of breaks can be agreed between the employer

and employee, however if agreement cannot be reached the breaks should be spread evenly throughout the work period, where reasonable and practicable.

3.3 Time off and Payments for Working on a Statutory or

Commissioner's Holiday

3.3.1 Every employee shall be entitled to time off for working on a statutory holiday (except Anzac and Waitangi Days) or Commissioner's holiday (where eligible as per Section 4 of this Agreement) as follows:

a) Commissioner's Holiday: i) When working ordinary hours of work: - rostered employees shall be granted a day off in lieu.

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ii) When working overtime: - non-rostered employees receive overtime payments (at

T2) only after working in excess of 8 hours. A day off in lieu of the ordinary hours worked before overtime payments commence, shall be granted;

- rostered employees required to work on their day off (i.e.

as overtime) shall receive overtime rates (at T2) for all hours worked and a day off in lieu.

b) Statutory Holidays (except Anzac and Waitangi Days): i) When working ordinary hours of work: - rostered employees shall receive their appropriate

remuneration and a day off in lieu. ii) When working overtime: - non rostered employees shall receive T1 overtime for their

normal hours of duty and a day off in lieu. Overtime at T2 rates for hours worked outside their normal duty hours and a day off in lieu;

- rostered employees working on an off duty day (i.e.

working overtime) shall receive T2 overtime and a day off in lieu.

iii) Refer also to Clause 4.1.1 - “Note”. 3.3.2 Every employee shall be entitled to time off for working on Anzac and

Waitangi Day as follows: a) When these days fall between Monday and Friday: - non-rostered employees shall be paid overtime at T2 rates for all

hours worked and a day off in lieu; - rostered employees shall receive a day off in lieu. - rostered employees working on a day off (i.e. working overtime)

shall be paid T2 overtime rates and a day off in lieu. b) When these days fall on a Saturday or Sunday: - non-rostered employees shall be paid overtime rates at T2 for all

hours worked and a day off in lieu; - rostered employees shall be paid their appropriate remuneration

for ordinary hours worked and a day off in lieu; - rostered employees working on a day off (i.e. working overtime)

shall be paid T2 overtime rates and a day off in lieu. 3.3.3 Members in Band G and above (including Communications Centre

Dispatchers in Band F) are entitled to overtime and a day off in lieu for work performed on a statutory holiday or Commissioner’s holiday.

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3.3.4 Rates of Payment on Statutory Holidays a) The below formula will be used to calculate the additional amount

payable (time half additional) to compensate employees for work carried out on a statutory holiday. (Additional payments are not superable and will be based on 88% of either the comprehensive salary of the individual member affected or their previous twelve months gross taxable earnings, whichever is the greater.)

b) For the purposes of calculating payment for working on a statutory

holiday, namely the half time additional component, shall be 88% of either the member’s existing comprehensive salary or the member’s gross taxable earnings for the previous twelve months, whichever is the greater.

By way of example: Comprehensive salary x .038357/80 = a (hourly rate) a x 88% = b b x0.5 = c (additional half rate) a and c are paid for each ordinary hour work on a statutory holiday c will be paid for each overtime hour.

EXAMPLE – Police Employee eligible for paid overtime (step 10, band D)

Total Remuneration $55,195 (Less) Superannuation (at applicable rate if member eg PSS ) $4,266 Comprehensive Salary $50,929 $50,929 x 0.038357/80 = $24.42 a $24.42 (a) x 0.88 = $21.49 b $21.49 (b) x 0.5 = $10.75 c Total paid per ordinary hour = $24.42 + $10.75 = $35.17 Total paid per overtime hour as per the attached Appendix One (Overtime rates obtained from current Collective Agreement). EXAMPLE – Police Employee not eligible for paid overtime (step 10 band G) Total Remuneration $72,159 (Less) Superannuation (at applicable rate if member eg PSS) $5,577 Comprehensive Salary $66,582 $66,582 x 0.038357/80 = $31.92 a $31.92 (a) x 0.88 = $28.09 b $28.09 (b) x 0.5 = $14.05 c Total paid per ordinary hour = $31.92 + $14.05 = $45.97 Total paid per overtime hours = $14.05 plus hour for hour TOIL. Note: Where gross taxable earnings for the previous twelve months are

greater than current comprehensive salary that figure shall be used.

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c) A member’s current comprehensive salary or previous twelve

months taxable earnings at the date of the statutory holiday will be used for the formula to calculate all time half additional payments.

d) The above reflects the full payment entitlements required to meet

the obligations for payment of half time additional rates for working on statutory holidays. No additional time payments are to be made on regular or irregular reimbursing allowances, any irregular non-reimbursing allowances or any expense allowances or any other ad-hoc payments that may also be associated with or arise with work on a statutory holiday.

Overtime and Call Backs on Statutory Holidays e) Police Employees are eligible for time half additional for all

ordinary hours and overtime hours worked on a statutory holiday, except where the member has been paid or receives time extra for their ordinary hours or overtime hours at a rate equal to, or greater than time half additional.

f) Police Employees who are not eligible for paid overtime are

eligible for time half additional for all ordinary hours and overtime hours worked on statutory holidays.

g) Any additional payments arising from all hours worked on

statutory holidays will not be taken into consideration when applying the salary earnings limits provisions of the Collective Agreement.

Schedule of Benefits Attached as Schedule Eleven to this agreement are benefits tables indicating

general entitlements (not every possibility or combination is shown as they are extensive) for working on statutory holidays pursuant to this agreement.

Definitions

Definitions to be read in conjunction with clause 3.3.4 of this agreement are: Duty is the service a member is required to perform by the Police. Rostered or ordinary hours are those hours of work (duty) that attract ordinary

rates of pay. Overtime is a period of duty that is in addition to rostered, or ordinary hours of

work. Overtime can be either: a call back to the workplace, or other place of duty, after the conclusion

of rostered hours, or,

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overtime may be an extension to ordinary hours either before the commencement or at the conclusion of rostered or ordinary hours.

A minimum of three hours overtime at time half additional will be paid for a

callback on a statutory holiday. Statutory Holiday Day is defined for calculating payments under this agreement

as the period between 0000 and 2359 of the statutory holiday. Notes: To avoid doubt any overtime worked from the effective date of this

agreement will qualify for payment only if authorised by an appropriate supervisor authorised to approve overtime. Where circumstances prevent prior authority to incur overtime authority may be sought and, if justified, granted after the event.

Any period of work that is not authorised as overtime will not be paid. Requests for advice, or discussions, such as a telephone call that do not

involve a return to the workplace will not qualify as a period of duty either as overtime or as ordinary hours.

3.4 Overtime and Penal Time

3.4.1 "Overtime" is time worked as follows: Monday - Friday: for a rostered employee when the employee is required to work on their

day off, e.g., when the employee is called back to work after completing the ordinary hours for the week, all such hours worked on the off duty day shall be overtime hours;

- all hours worked by both rostered and non-rostered employees

(either full-time or part-time) after working 8 hours at ordinary time rate for the day, however employees on flexible working hours may be paid overtime regardless of their starting time provided that the overtime hours (including the 25 minutes worked without additional payment) do not start before 4.35 pm (1635 hours).

- for a full-time rostered Scale B employee working contingent

rostering hours of work, all hours worked in excess of authorised rostered hours.

- for a part-time rostered Scale B employee working contingent

rostering hours of work, all hours worked in excess of the authorised rostered hours of work for a full-time rostered Scale B employee for that shift.

- Provided that where a part-time rostered Scale B employee is

required to work in excess of their rostered period of duty, i.e. extended duty, but not in excess of the authorised hours of work of a full-time Scale B employee, that period of time shall be paid at the ordinary time rate (T1).

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- Provided also that overtime hours worked may not be counted

towards flexible time or ordinary hours worked, and employees may be required to eliminate any working time debit within the limits of flexible working time before becoming eligible for payment of overtime.

Saturday, Sunday or Statutory Holiday: All time worked other than hours worked within the rostered shift,

except for part-time employees who must complete 8 hours at ordinary time rates, or all hours worked by extended duty in excess of the authorised rostered hours of work for a full-time rostered Scale B employee for that shift, before qualifying for overtime rates.

Commissioner's Holiday (where eligible as per Section 4 of this

Agreement): For a rostered employee all hours worked when the Commissioner's

holiday falls on the employee's off duty day; for a non-rostered employee all hours worked after completing 8 hours at ordinary time rate.

Note (1): The employee should always take a break in duty of at least

half an hour prior to starting overtime duties. Where there is no definite break and the employee works straight through and then proceeds home, the meal allowance in 6.5.01 is not payable. In situations where a break is not possible because of operational requirements or work deadlines, the meal allowance in 6.5.01 will be paid subject to the member’s supervisor certifying why a break was not taken. For rostered employees a shift worker’s meal allowance (clause 6.6) may be payable.

Note (2): Subject to clause 3.8 below, overtime rates as set out in clause

3.5 below shall apply to such work providing the work has been properly authorised and supervised, and any other allowances in lieu of such work are not also payable. Overtime payments do not apply to employees in remuneration band G and above, or to Communications Centre dispatchers at remuneration band F and above.

"Penal Time" is time (other than overtime) worked within a 40-hour week

on a Saturday, Sunday or statutory holiday. This is compensated for within the appropriate remuneration for the position held.

3.5 Overtime Rates

3.5.1 For the calculation of overtime, salary or wages are deemed to include higher duties, adult and dependant's allowances.

3.5.2 Subject to clause 3.7 and 3.8 hereto, overtime shall be paid at the rate of

time one and a half (T1 1/2) for the first three hours and double time (T2) thereafter, except that double time (T2) shall be paid for all overtime worked as follows:

a) between 10pm and 6am;

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b) between midday Saturday and 6am Monday; c) Commissioner's holidays. d) on statutory holidays where: i) the day was a rostered day off for the employee, or ii) is otherwise outside of the normal duty hours for the employee,

or iii) in Anzac or Waitangi Day Note: Overtime shall be paid at the rate of T1 on statutory holidays

(except Anzac or Waitangi Day or as otherwise prescribed above) to non-rostered employees during the normal duty hours (ie the hours that would normally be worked had it not been a statutory holiday) for the employee.

Subject to the allowances in lieu of overtime as specified. 3.5.3 An employee required to work overtime, other than as an extension of

duty, on a Saturday, Sunday or statutory holiday shall be paid a minimum payment equal to three hours at the appropriate rate.

On the day on which daylight saving ceases, any additional time worked

because of the alteration of clocks back by one hour will be as overtime (T2).

3.5.4 Time Off In Lieu of Overtime (TOIL) Equivalent time off may be granted on the basis of one hour off for one

hour worked, by mutual agreement between the Commissioner and the employee. Employees in remuneration band G and above and Communications Centre dispatchers in remuneration band F and above will be entitled to apply for equivalent time off in lieu on an hour for hour basis.

Note: Specific TOIL provisions in Section 8 of this Agreement apply to

Police Employee warranted traffic officers and to welfare officers. 3.5.5 Where allowances in lieu of Overtime are prescribed, the allowance will

be payable during periods of annual leave, sick leave and special leave on pay provided that the employee returns to the duties that attract the allowance; however if an employee has been in receipt of the allowance for at least 12 months then this proviso does not apply. Payment of the allowance is not to be continued beyond one month of absence, nor is it payable for any period of study leave, retiring leave or leave without pay.

3.5.6 Cashing up TOIL Note: paid overtime provisions exist for Bands A-F employees as per

section 3.5.2 and 3.5.3 of this Agreement.

For the purposes of this provision leave includes: • Annual Leave • Statutory Holidays

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• Commissioner Holidays • Shift Workers Leave • Long Service Leave Members can elect to cash up TOIL when they take leave. The criteria will be: 1. One day of TOIL can be cashed up for each two days of leave taken. 2. The TOIL rate will be paid at the same rate as annual leave (non-

superable). 3. Eligibility is contingent on a member taking their annual leave and

statutory holiday (or the alternative days off in lieu of working on the statutory holiday) entitlement each year, i.e. 4 or 5 weeks' annual leave and 11 statutory holidays

3.6 Call Back An employee shall be paid for a minimum of three hours, at the appropriate rate,

where he/she: a) is called back to work after: i) completing his/her day's work or shift, and ii) he/she has left his/her place of employment; or b) is called back before his/her normal time of starting work and does not

continue working until such normal starting time; except that: i) call backs commencing and finishing within the minimum period covered

by an earlier call back shall not be paid for; ii) where a call back commences before and continues beyond the end of

a minimum period for a previous call back, payment shall be made as if the employee had worked continuously from the beginning of the previous call back to the end of the later call back.

iii) in the case of emergency call backs in calculating the time worked, overtime is payable on a gate to gate basis, from home to place at which the employee is required for duty and return.

c) if an employee uses his or her own vehicle a motor vehicle allowance will be

payable from home to place at which the employee is required for duty and return.

3.7 Minimum Break Between Spells of Duty

3.7.1 A break of at least nine continuous hours must be provided wherever possible between any two periods of duty of a full shift or more.

3.7.2 Periods of a full shift or more include: a) Periods of normal rostered work; or

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b) Periods of overtime that are continuous with a period of normal rostered work; or

c) Full shifts of overtime/call back duty. 3.7.3 This requirement to provide a break wherever possible applies whether

or not any additional penalty payment will apply under the provisions of this clause.

3.7.4 If a break of at least nine continuous hours cannot be provided between

periods of qualifying duty, the duty is to be regarded as continuous until a break of at least nine continuous hours is taken and it shall be paid at overtime rates, with proper regard to the time at which it occurs and the amount of overtime which precedes it.

3.7.5 The penalty payment provisions of this clause will not apply in any case

where the result would be to give an employee a lesser payment than they would otherwise have received.

3.7.6 Time spent off duty during ordinary hours solely to obtain a nine-hour

break shall be paid at ordinary time rates. Any absence after the ninth continuous hours of such a break, if it occurs in ordinary time, shall be treated as a normal absence from duty.

Note: If a call-back of less than a full shift is worked between two

periods of duty of a full shift or more a break of nine continuous hours must be provided either before or after the call-back. If such a break has been provided before the call-back it does not have to be provided afterwards as well.

3.8 Limits on Payment for Overtime 3.8.1 Overtime shall not be paid for at rates higher than appropriate to the work

being performed. 3.8.2 Except as may be prescribed under Section 8: Specific Conditions, or

Schedule 2, an employee in receipt of remuneration band G or above or a Communications Centre Dispatcher in remuneration band F or above shall not be entitled to receive payment for overtime.

3.9 Reserved 3.10 Work in the Rain

3.10.1 An employee shall be deemed to be working in the rain when in the course of his/her employment he/she is required to work out of doors and be exposed to falling rain or snow which in the opinion of the officer in charge is of such intensity as to necessitate the wearing of waterproof outer clothing.

3.10.2 Subject to the approval of the officer in charge in terms of the

requirement of sub-clause 3.10.1 above, an employee who is required to

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Police Employee Agreement 2009-2010 27

work in the rain for not less than 10 minutes continuously shall be paid an additional rate equal to one third of the appropriate rate for the time so worked, and for any time subsequently worked in the rain during the same shift or period of duty.

3.10.3 Where an employee qualifies for payment in terms of subclauses 3.10.1

and 3.10.2 above, the minimum payment per shift shall be 30 minutes. Provided that any "make-up" time between the time actually worked and the half hour minimum payment (in cases where the actual time worked is ten minutes or over but less than thirty) shall be paid for at one third of the employee's T1 rate only.

3.10.4 Unless otherwise authorised by the Commissioner an employee in

receipt of a salary plus higher duties, adult or dependent's allowance, in excess of the limit of eligibility prescribed in clause 3.11 below shall not be entitled to receive payment for work in the rain.

3.10.5 Payment of work in the rain in subject to the limits specified below.

3.11 Limit of Payment for Work in the Rain

3.11.1 Limit on eligibility: An employee appointed to or relieving in receipt of a salary (including higher duties allowance) to remuneration band G and above is not entitled to work in the rain payment.

3.11.2 Limit on hourly rate: The maximum hourly rate for work in the rain shall

be $9.20

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SECTION 4: HOLIDAY AND LEAVE PROVISIONS GENERAL PROVISIONS

Service in the New Zealand public service and Crown departments (excluding district health boards, state owned enterprises, education services which include schools, tertiary education institutions and kindergartens) will be recognised for leave purposes. Secondments and service with service organisations where Police agree prior to the commencement of the secondment that the service is of value to Police and to the member, will also be recognised. Any members who had service recognised under the provisions of the 2006-2008 Collective Agreement will continue to have that service recognised. For the purposes of the leave provisions in this Agreement, service with police organisations outside New Zealand prior to employment with the New Zealand Police is not recognised as previous service. For the purposes of leave ‘continuous service’ does not include any period of service with Police or any other qualifying organisation which is followed by a break in service of 15 months or more, or where redundancy or severance has been paid out. Eligibility for service-related leave entitlements will be postponed but not broken by:

- any period of general leave without pay up to 15 months; - any period of parental leave without pay greater than 3 months, including

extended parental leave without pay; - any period of resignation for the purpose of childcare as per section 1.5 of

this Agreement; or - any break in service between qualifying organisations of 15 months or less.

In these circumstances, the due date for leave entitlements will be delayed by the length of absence from qualifying service.

LEAVE MANAGEMENT AND ACCUMULATION

Leave Accruals

In the first year of employment and in each subsequent year of employment members will accrue annual leave. On an employees anniversary date each year the unused balance of this leave accrual will become a leave entitlement.

Leave Entitlements

In addition to unused annual leave accruals becoming an entitlement, each employee's leave entitlement will include TOIL, shift workers leave and alternate holidays for working on statutory holidays and/or Commissioners holidays (where eligible as per 4.1.2 below).

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Leave Accumulation

Employees can accumulate their leave entitlement up to the equivalent of 18 months of annual leave, Commissioners holidays (where appropriate), statutory holidays and shift workers leave. For example, a member with over 5 years service who does not work shifts can accumulate 54 days (25 + 11 = 36 days x 1.5).

Leave Management Plans

The parties to this agreement acknowledge the importance of adequate rest and recreation for employees and the need for employees to have appropriate periods of annual leave to achieve this. The basic principle is that each employee is given the opportunity to take their full entitlement of leave each year. The parties acknowledge the demands of policing can place restrictions on the times members can take annual leave and also recognise that directing an employee to take annual leave is not desirable. Police will meet with all employees each year to discuss leave management and scheduling with a view to ensuring each employee has reasonable opportunity to use all their annual and statutory holiday leave entitlements at a time that best suits both Police and the member. Where an employee has a leave "entitlement" in excess of this 18 month calculation (leave "accruals" as per the above explanation are not included in this calculation) they will meet with their supervisor to discuss a leave management plan. Consideration will continue to be given to the accumulation of leave in excess of the 18 months calculation for specific purposes such as extended holidays or pending retirement. Where a member has leave scheduled through this process it should only be interrupted as a last resort and approved by the District Commander or National Manager. Members covered by this agreement and Police are referred to the leave management policies for guidance.

Forfeiture of Leave

No leave entitlements will be will be forfeited except for long service leave in accordance with specific separate criteria

4.1 Statutory and Commissioner's Holidays

4.1.1 The following days shall be observed as statutory holidays: Christmas Day Boxing Day New Year's Day The day after New Year's Day Waitangi Day Good Friday

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Easter Monday Anzac Day Sovereign's Birthday Labour Day Anniversary Day (as observed in the locality concerned) Note: Where any of the above holidays fall on a rostered workday, the

scale B or C employee agrees to work the day as rostered, and will be compensated, in accordance with clause 3.3.1 (b) (a day off in lieu and appropriate remuneration). The day off in lieu will be taken at a time mutually agreed. Where the day off in lieu cannot be mutually agreed it shall be at the employee’s reasonable discretion. This does not preclude employees from applying for leave on such days or making alternative arrangements such as swapping shifts.

4.1.2 Commissioner's Holidays The following applies to employees with less than five years service who

receive 4 weeks annual leave per year. The Commissioner shall grant three days each year as Commissioner's

Holidays not being Statutory Holidays, Saturdays or Sundays. Where the office in which an employee is working closes between Christmas and New Year then these days shall be taken during that period. Where an employee is required to work during this period the leave shall be taken on days mutually agreeable between the employer and the employee.

Provided that in the case of a part time employee, statutory and

Commissioner's holidays will be granted only where the day concerned is a day normally worked by that employee.

4.2 Holidays Falling During Leave or Time Off

4.2.1 Leave on Pay Where a statutory or Commissioner's holiday falls during a period of

annual leave, sick leave on pay or special leave on pay an employee is entitled to that holiday which is not to be debited against such leave. This provision does not apply to a holiday falling during annual or retiring leave after the employee has ceased work prior to leaving the Police, unless the employee has worked at any time during the fortnight ending on the day on which the holiday is observed.

4.2.2 Leave Without Pay An employee shall not be entitled to payment for a statutory or

Commissioner's holiday falling during a period of leave without pay, unless the employee has worked at any time during the fortnight ending on the day the holiday is observed.

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4.2.3 Off Duty Days If a statutory or Commissioner's holiday falls on an employee's off duty

day, the employee shall be granted equivalent time off except in the case when the off duty day is either Anzac Day or Waitangi Day, being observed on a Saturday or Sunday, when a day in lieu shall not be granted.

4.3 Annual Leave

4.3.1 Employees will receive four weeks annual leave plus “Commissioner Holidays” in each year of employment for the first five years of their employment.

Upon completing five years of employment employees will be entitled to

five weeks annual leave inclusive of the “Commissioner Holidays” in each subsequent year of employment.

Employees who have completed five years' service with Police by 1 July

2008 (including service prior to 1 July 2008 and service as defined above) will receive five weeks of annual leave per year, inclusive of “Commissioner Holidays”.

Part-time employees will be paid for annual leave at the same rate that

would be paid for their usual working week. Note: Non standard entitlements for Journalists as set out in Section 8 -

Specific Conditions. Note: The minimum period of annual leave that may be taken is a half

hour. The purpose of annual leave is to allow employees to receive appropriate opportunities for rest and recreation. The regular use of annual leave in smaller blocks of time should be discouraged.

4.3.2 Except as specifically provided by the Commissioner; an employee who

has been absent on special leave with or without pay in excess of 35 days (including Saturdays or Sundays) in one or more periods in any leave year will not accrue further annual leave credits during the following absences:

a) on leave without pay, anticipated retiring leave, parental (including

maternity, paternity and extended leave) or adoption leave; or b) suspended from duty either with or without pay and at the expiration

of that suspension, the employee does not return to duty in the Police c) on retiring leave or long service leave, if, at the expiration of that

leave, the employee does not return to duty in the police. 4.3.4 An employee with over 20 years continuous service may anticipate one

year's annual leave entitlement for a specific purpose. 4.3.5 An employee may be permitted to anticipate up to half the annual leave

entitlement due, subject to refund on resignation if necessary.

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Any employee in their first year of service may be granted anticipated

annual leave proportionate to their length of service. 4.4 Additional Annual Leave for Shift Workers

4.4.1 Employees who are shift workers may be granted one week (five working days) additional annual leave on completion of each twelve months employment on shift work. This will be credited as an annual accrual.

Proviso: to qualify under this clause the employee must be a full time

employee, and the qualifying shift work must involve work performed to a weekly pattern of rostered rotating shifts which generally conform to the pattern detailed in (a) below. Part-time employees will be granted additional annual leave in accordance with the provisions outlined below.

a) Any shift work performed during a period which is not overtime that

meets any of the following criteria qualifies for additional leave: i) the shift work performed each day: 1) extends over at least 13 hours; and 2) is performed by two or more workers working rostered shifts;

and 3) the shift involves at least 2 hours of work performed outside

the hours of 8.00am to 5.00pm (0800 to 1700 hours). ii) the shift does not extend over at least 13 continuous hours each

day, but at least 4 hours of the shiftwork are performed outside the hours off 8.00am to 5.00pm (0800 to 1700 hours).

iii) not less than 40 percent of the hours worked in the period

covered by the roster cycle is outside the hours 8.00am to 5.00pm (0800 to 1700 hours).

The following additional leave is granted:

Number of Qualifying Shifts Number of days Annual Leave per year

121 or more 5 96 to 120 4 71 to 95 3 46 to 70 2 21 to 45 1

Shift workers employed on rosters which would normally qualify

those employees for the full extra week's leave (i.e. the rosters provide that over a year each shift worker will complete at least 121 shifts) are to have their shift worker leave entitlement determined on this scale. They are not able to qualify under subclause (b) below.

b) Shift workers who work alternating shifts shall qualify for additional

leave according to the number of shift changes occurring during the year providing that employees who only alternate on shifts which fall

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wholly between the hours of 6am and 6pm will not qualify for extra leave.

This criterion (and either one of the scales shown below) will apply

only to those shift workers employed on rosters which would not normally qualify those employees for the full extra week's leave under clause 4.4.1(a) above.

i) Where the shift roster requires the shift worker to change as

frequently as every week or less frequently (e.g. every two weeks) the following pro rata scale will apply:

Shift changes each year Number of days

Additional Leave 40 changes and over 5

32 - 39 changes 4 24 - 31 changes 3 16 - 23 changes 2 8 - 15 changes 1

ii) Where the shift roster requires the shift worker to change more

frequently than every week (i.e. every day or every other day etc) the following pro rata scale will apply:

Number of weeks in leave year

employed on such rosters Number of days additional leave

40 changes and over 5 32 - 39 changes 4 24 - 31 changes 3 16 - 23 changes 2 8 - 15 changes 1

The pro rata scale above will be adjusted to allow for variations in

roster cycles, eg, 2 on 1 off roster. (c) In addition to the criteria set out above other shift workers who work

ordinary hours of work which regularly commence up to 3 hours prior to 6am or finish up to 3 hours later than 6pm shall also be considered for additional leave. The amount of leave will take regard of the following pro rata scale:

Number of weeks on

“early” or “late duties each year

Hours outside 6am or 6pm

Extra Leave Per Annum

15 - 20 weeks 1 hr up to 2 hrs 2 hrs up to 3 hrs

1 day 2 days

20 - 30 weeks 1 hr up to 2 hrs 2 hrs up to 3 hrs

2 days 3 days

30 - 40 weeks 1 hr up to 2 hrs 2 hrs up to 3 hrs

3 days 4 days

4.4.2 An employee who is regularly required to work ordinary hours of work

which commence after 6pm will not qualify for additional leave. 4.4.3 Shift workers leave will be calculated annually for all employees from 1

July to 30 June and credited by way of an annual washup. Members who

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leave before the end of a "shift leave year" will receive a pro-rata entitlement.

4.5 Parental Leave

4.5.1 Entitlement and Eligibility a) An employee while they are employed in the Police is entitled to

parental leave (parental leave is leave without pay) in the following circumstances:

i) in respect of every child born to them or their partner; ii) in respect of every child up to and including 5 years of age,

adopted by them or their partner. Provided that they assume or intend to assume the care of the child

born to them or their partner or adopted by them or their partner. b) Leave up to 52 weeks may be granted to employees with at least 1

year's service. For those with less than 1 year's service, parental leave up to 26 weeks may be granted. The maximum period of parental leave may be taken by either the employee exclusively or it may be shared between the employee and their partner either concurrently or consecutively. This applies whether or not only one or both partners are employed in the Police.

c) Where two or more children are born or adopted at the same time,

then for the purposes of these provisions the employee's entitlement shall be the same as if only one child had been born or adopted.

d) Employees intending to take parental leave are required to give at

least one month's notice in writing and the application is to be accompanied by a certificate signed by a registered medical practitioner certifying the expected date of delivery.

e) An employee absent on parental leave is required to give at least one

month's notice of their intention to return to duty. 4.5.2 a) A female employee may commence "maternity" leave either on the

day of confinement or adoption, or up to six weeks before the expected date of delivery or adoption.

b) Maternity leave may begin earlier than six weeks before the expected

date of delivery in accordance with a medical practitioner's certificate which specified the date on which, in the medical practitioner's opinion, the female employee should begin her maternity leave.

No leave taken prior to six weeks before the expected date of delivery

shall be counted as part of the entitlement under 4.5.1(b). c) A female employee who is pregnant is entitled before taking

maternity leave, to take a total of up to 10 days special leave without pay for reasons connected with her pregnancy.

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No period of this special leave shall be counted as part of the entitlement under 4.5.1(b).

d) A male employee may take a continuous 14 day period on leave

without pay as "paternity" leave. Leave may be taken anytime during the six week span beginning 21 days before the expected date of delivery or adoption and ending 21 days after the actual date of delivery or adoption.

Any period of paternity leave is not counted as part of the total leave

period available under 4.5.1(b). 4.5.3 Job protection Note: Where a member is pregnant they will only be required to change

duties where there is medical advice supporting that decision. a) An employee returning from parental leave is entitled to resume work

in the same position or in a similar position to the one she/he occupied at the time of commencing parental leave.

A similar position means a position: - at the equivalent remuneration and band; and - in the same location or other location in reasonable commuting

distance; and - involving responsibilities broadly comparable to those exercised in

their previous position. b) When an employee goes on parental leave the Police must, as first

preference, hold the employee's position open and fill it temporarily. c) If the department is unable to keep the employee's position open

because a temporary replacement is not reasonably practicable due to the key positions occupied within the department by the employee, then, at the time the employee indicates their intention to return to duty, the department shall provide a written offer of one of the following (in order of priority):

(Note: for the purposes of 4.5.3(c), a 'key position' is one defined as

per section 41(2) of the Parental Leave and Employment Protection Act 1987).

i) The same position if it is vacant at that time or a similar position to

the one they occupied before commencing parental leave; or ii) If this is not possible the Commissioner may approve one of the

following options: 1) an extension of parental leave up to 12 months until the

employee's previous position or a similar position becomes available; or

2) an offer to the employee of a similar position in another location if one is available with transfer assistance applying; if the offer is refused the employee continues on extended parental leave as provided in (1) for up to 12 months; or

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3) the appointment of the employee to a different position in the same location (a position of a lower remuneration band or one involving different duties, i.e. not a similar position as defined above); if the appointment is not acceptable to the employee the employee continues on extended parental leave as provided for in (1) for up to 12 months; or

4) where extended parental leave as provided in (1) expires and no position is available for the employee, the employee continues on leave without pay and the department may terminate employment within three months notice providing that an employee whose services are terminated under this provision shall be entitled to be paid the ex gratia payment equivalent to 30 working days' leave that she/he could have earned if she/he had had the opportunity to return to work after parental leave.

4.5.4 Surplus Staffing Situation When a surplus staffing situation involves a position that is usually

occupied by an employee who is on parental leave, then the same Surplus Staffing Provisions that would apply to other staff members who are part of the same surplus will apply.

Any employee on parental leave must be notified if their position is to be

disestablished as a result of a staffing surplus. Employees returning from parental leave who seek to work reduced

hours shall be advised of their rights under the restructuring provisions before commencing those hours of work.

4.5.5 Ex Gratia Payment A member who becomes pregnant or whose spouse becomes pregnant,

or who adopts a child or assumes care of a child under 5 years old with view to adoption is eligible for the ex gratia payment subject to the following criteria:

(a) A member who is entitled to parental leave of up to 52 weeks and

returns to duty before or at the end of the leave and completes 2 months service qualifies for a single payment equivalent to 30 working days leave on pay at the rate applying on their last day of pay prior to taking parental leave provided that:

• if both members are employed by Police and are eligible for the

payment, then only one member is entitled to the ex gratia payment;

• if the member's spouse is employed in the public service and they are eligible for the above payment, then only one person is entitled to the ex gratia payment;

• the member agrees to refund from any payments owing on ceasing employment with Police, a pro-rated amount of the unworked period if the member leaves Police within 4 months of receiving that payment.

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(b) Any adjustments to the salary scale that are backdated prior to parental leave will apply.

A member who is absent on parental leave for less than six weeks (30 working days) will receive that proportion of the payment that their absence represents in working days after completion of two months service, providing that:

i) the value of the payment is not to exceed the total absence in

working days. For instance, if a member was absent for 20 working days the payment due at 2 months would be 20 days.

ii) a member who had 6 months or more, but less than 12 months

service at the date of delivery is entitled to a pro-rated payment. If a female member is temporarily placed on reduced hours prior to

the commencement of maternity/extended leave as a result of her pregnancy, the rate applying to her last day of pay prior to taking maternity/extended leave will be calculated at her normal full time rate.

A member shall not be eligible for a parental leave ex gratia payment

if their spouse has received a payment from another State Sector agency. However, a member will receive a payment if eligible, regardless of any payment that may have been made to their partner by a private sector employer.

4.5.6 Parental Annual Leave Members who take parental leave without pay will accrue annual leave

over this period. This leave may be paid at a lower rate than the member's ordinary earnings, in accordance with the Holidays Act 2003 and Parental Leave and Protection Act 1987.

4.6 Special Leave With or Without Pay At the Commissioner’s discretion, an employee may be granted special leave

with or without pay. Leave without pay to accompany a partner on an overseas posting may also be granted.

Placement on return from special leave of more than two months cannot be

guaranteed and is conditional on a suitable vacancy being available within the employee’s district. The position may be at their existing remuneration band or lower and may not be at the same location.

If an employee wishes to be considered for vacancies in another district they will

have to indicate this prior to the expiration of their leave without pay. Staff who are affected by restructuring in terms of 7.6.01 will receive priority consideration for vacancies over staff returning from leave without pay.

An employee that cannot be placed on return may apply for a three month

extension of the special leave and advised in writing that the employment is to be terminated at the expiry of the extension if no suitable permanent position has been offered and accepted.

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Note: Leave without pay interrupts but does not break service. 4.7 Sick Leave

4.7.1 The Commissioner shall grant: a) sick leave on pay up to the employee's entitlement as set out

below; or (b) sick leave without pay on production of a medical certificate. Provided that part-time employees will be paid for sick leave at the

same rate that would be paid for their usual working week. 4.7.2 Sick Leave Entitlement

Each employee shall be entitled to 10 days sick leave for each of the first two years of employment (an employee shall be entitled to take a maximum of 5 days during the first six months). After two years of service, each employee shall be entitled to 15 days per year of sick leave. Employees who have less than 260 days accumulated sick leave at 29 October 2008 will be subject to the maximum 260 days accumulation. Employees with 260 days or more accumulated sick leave at 29 October 2008 will continue to accumulate at the rate of 15 days per year; however, where they fall below 200 days they will then be subject to the maximum 260 days accumulation.

4.7.3 Transitional Provisions for Members Employed Prior to 1 July 2003

Existing members employed prior to 1 July 2003, or new appointees who have service credited in terms of 4.7.8 of the 2006-2008 Agreement, will retain their existing sick leave accumulation according to the following table less sick leave taken, except that the day before their next accumulation they will change over to the annual accumulation system, retaining their accumulation to date. Over 10 years and up to 20 years 183 days on full pay Over 20 years and up to 30 years 275 days on full pay Over 30 years and up to 40 years 365 days on full pay Employees who still fall under these categories will be credited the additional six days annual entitlement for each year until they change over to the annual accumulation system. Upon reaching 20, 30 or 40 years service, members will start to accrue 15 days sick leave per year.

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Police Employee Agreement 2009-2010 39

4.7.4 Sick Leave Deducted for Working Days Only Police Employee sick leave will be deducted for working days only. No

deduction will be made for absences of less than two hours on any day. 4.7.5 At the Commissioners discretion a member may be granted special leave

with or without pay where the member has no sick leave and has a pressing welfare need for leave. The nature of the members circumstances and previous leave use will be taken into account.

The Commissioner may decide that sick leave on pay of any special

nature shall not be included in the aggregate of sick leave taken; but such leave is to be noted on the employee's leave record.

4.7.6 a) Where absence on sick leave, whether with or without pay, extends

beyond 5 consecutive days, employees must produce to their controlling officer a medical certificate stating the probable period of absence.

b) All sick leave will be managed in accordance with the Police

Rehabilitation Policy and Police ACC procedures. 4.7.7 Where an employee absent on sick leave is suspected of being absent

from duty without sufficient cause, the employee may be directed to submit to medical examination by a registered medical practitioner. The Commissioner may issue the direction for the examination, nominate the medical officer and if warranted, approve, a refund of expenses incurred by an employee in complying with this provision.

4.7.8 When sickness occurs during annual or long service leave, the

Commissioner may permit the period of sickness to be debited against sick leave entitlement except where the sickness occurs during leave following termination of employment.

4.7.9 For the purposes of sick leave recognition of prior government service

will be subject to: - production of confirmation of previous service - the debiting of sick leave already granted

4.8 Sick Leave in the Event of Family Illness

District Commanders/National Managers may approve, as a charge against a member's sick leave entitlement, leave to stay at home to attend a member of the household who through illness becomes dependent on the member.

4.9 Long Service Leave

With effect from 1 January 2009, long service and retiring leave provisions are combined. Resigning leave provisions cease from this date. Transitional:

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Police Employee Agreement 2009-2010 40

These transitional arrangements are designed to minimise any disadvantage. On 1 January 2009 all Police employees with 10 years or more service will be granted Long Service Leave as per the 'Total received' column from the entitlement table below. This leave will be ‘banked’, that is the member does not need to take this leave before their next entitlement is granted or before they leave Police. Where an employee has already been granted Long Service Leave or Anticipated Retirement Leave under previous conditions, including leave granted by other qualifying employers, then the amount of this leave granted will be deducted from this allocation. If an employee has an existing Long Service Leave balance from previous conditions then this leave should be taken in accordance with the conditions under which it was granted. Entitlements Every employee who completes a continuous period of service with NZ Police, or a qualifying employer, will be entitled to long service leave as below.

Employed by Police prior to 1 July 2003

Employed by Police after 1 July 2003

Received on their

anniversary date

Total received

Received on their

anniversary date

Total received

Completed years of

qualifying service

(weeks) (weeks) 10 4 4 2 2 15 4 8 3 5 20 4 12 3 8 25 5 17 3 11 30 6 23 3 14 35 5 28 3 17 40 3 31 1 18 45 1 32 1 19

Note: for this table qualifying service includes all recognised service with qualifying employers. Remuneration during long service leave shall be calculated as per annual leave. Remuneration will be pro-rated for members who increase or reduce work hours during the period in which the leave was earned. It is anticipated that Long Service Leave will be taken as significant blocks of leave. Period where leave must be taken

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Each entitlement of long service leave must be taken before the next entitlement is due. Where the leave is not taken within that 5 year period it shall be forfeited. In specific circumstances employees can choose to 'Bank' their long service leave, that is, the member does not need to take this leave before their next entitlement is granted or before they leave Police. Employees can only choose to bank their leave if it was granted in the following circumstances: • Where the leave was accrued as part of the transitional arrangement on 1

January 2009. • Where the employee is granted leave for service of 30 years or more. • Where the employee is Sworn and has between 20 and 25 years service

as at 1 January 2009, they can bank long service leave entitlements granted from 25 years service.

Payment on exiting NZ Police On exiting NZ Police staff will be paid a lump sum superable payment of the cash value of any outstanding Long Service Leave, both that which has been banked and any other Leave Service Leave owing which has not yet been taken. Upon reaching 21 years service an employee will be entitled to a pro-rata payment of their next entitlement upon exiting NZ Police. For example, if a member with 23 years service leaves Police they would be entitled to 3/5ths of the entitlement due at 25 years. Savings provisions: On leaving Police under the following conditions employees are covered by savings conditions: • Any member who leaves Police prior to 1 July 2013. • Constabulary employees who have more than 20 years service as at 1

January 2009, irrespective of when they leave Police. • Police Employees who have more than 25 years service as at 1 January

2009, irrespective of when they leave Police. On leaving Police and employees covered by these savings conditions are entitled to the greater of: 1. Total accrual under these Long Service Leave provisions, less any Long

Service or Anticipated Retiring Leave taken during their period of working for Police or any other qualifying employer.

2. Total accrual of Long Service Leave and Retirement Leave that they would

have been eligible for under the conditions of the 2006-2008 collective employment agreement, less any Long Service or Anticipated Retiring Leave taken during their period of working for Police or any other qualifying employer.

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Where a member would be eligible for leave under these savings provisions above the normal Long Service Leave provisions then they may anticipate this leave. If on exiting NZ Police the employee has anticipated more leave than they are entitled to then they must pay back the value of this leave as part of their final pay. Cancellation of Long Service Leave When long service leave is cancelled due to operational requirements the period between the date of notification of cancellation and the date on which a member resumes duty shall not be counted as leave taken. The adjustments are to be made on the member's timesheets as down-time Sickness While on Long Service Leave When a member becomes sick after commencing long service leave, the period of sickness shall not be counted as long service leave taken provided that: a) on completion of the long service leave the member is returning to duty and

not relinquishing office; and b) the period of sickness is more than five days; and c) a medical certificate is produced showing the nature and duration of the

illness. 4.10 Reserved 4.11 Military Leave

The term 'protected voluntary service or training' in the Armed Forces is defined in the Volunteers Employment Protection Act 1973. The term "Armed Forces" means the Armed Forces within the meaning of the Defence Act 1990; Members who volunteer for protected voluntary service or training in the Armed Forces shall immediately advise the District Commander/National Manager in writing at least four weeks prior to the commencement of any such service or training. This advice is to include the means by which time off is to be taken (and members must endeavour to take their voluntary service or training during annual leave or leave without pay).

Release of members for protected voluntary service or training is at all times dependent upon the operational requirements of Police.

Where a member cannot be released to attend protected voluntary service or training for any reason, formal application may be made in the terms of section 12 of the Volunteers Employment Protection Act 1973 for postponement of the member's service or training on the grounds that the member's volunteering for that service or training will cause undue hardship to Police.

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In exceptional circumstances, the General Manager: Human Resources may consider granting: (a) for whole-time service in the form of one or more periods of continuous

training with the Armed Force, special leave not exceeding an aggregate of 3 months;

(b) for part-time service in the form of annual, special, weekend and evening raining in any training year, special leave not exceeding 3 weeks.

Members on annual leave retain both their Police and military pay. Members on leave without pay retain their military pay, but must make arrangements regarding superannuation contributions. Members on special leave receive their departmental pay, but may only retain military pay for their Police weekly days off. In order that personnel records or salary may be adjusted, the District/Service Centre HR Manager shall be advised where a member is: (a) accepted by the Armed Forces for protected voluntary service or training; (b) granted leave without pay for protected voluntary service or training; (c) granted special leave for protected voluntary service or training.

4.12 Bereavement Leave/Tangihanga Leave

4.12.1 Entitlement An employee shall be granted bereavement / tangihanga leave on

ordinary daily pay to discharge their obligations and/or to pay their respects to a deceased person with whom they have a close association. Such obligations may exist because of blood or family ties, or because of particular cultural requirements. Additional time needed for travel will also be considered.

The period of bereavement leave will be agreed between the

employee and their manager; however, employees will receive a minimum of three days paid bereavement leave on the death of a close relative. A minimum of one day paid leave will be provided on the death of any other person if the employee's manager accepts the employee has suffered bereavement.

Employees will be entitled to a minimum of one day paid leave to

attend an unveiling.

4.12.2 Effect of Bereavement Leave on Other Leave

Where a bereavement occurs while a member is absent on annual, shift workers leave, sick leave or long service leave, such leave shall be interrupted and substituted by bereavement leave.

Substitution of bereavement leave does not apply to leave without

pay, statutory holidays, retirement leave, resignation leave, or sick leave where duty will not be resumed at the end of such leave (i.e. pending medical retirement or medical/psychological disengagement).

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4.13 Witness Leave

Where an employee is called as a witness in a private capacity for a Criminal or Traffic case up to three days paid leave may be granted. The employee is to recover fees and expenses from the party calling the witness, and repay the fees to the Police.

Where an employee is called as a witness in a private capacity for other than a Criminal of Traffic case, annual leave or leave without pay may be granted. The employee is to pay any expenses incurred and is to retain such fees and expenses as may be awarded by the Court. Note: members of Police are statutorily prevented from jury service during their employment.

4.14 Leave to Attend Meetings of Boards, Councils and Committees The Commissioner shall approve up to six days paid leave in any 12 month

period for employees attending meetings of Boards, Councils and Committees providing that:

a) The appointment to the Board, Council or Committee is by Ministerial

appointment. b) There are no difficulties involved in releasing employees from their

duties. c) There is no conflict of interest. d) Any remuneration received for the period that paid leave was granted

should be refunded to the Police. 4.15 Leave for Outward Bound Courses Paid leave and the payment of fees in full shall be granted for approved

employees to attend Outward Bound Courses. 4.16 Leave to Attend Conferences and Conventions Paid leave may be granted for employees to attend conferences and

conventions where the attendance: a) will benefit both the Police and the employee; b) is at the convenience of the Police and has been approved in advance. 4.17 Leave for Civil Defence, Search and Rescue Operations and Fire

Fighting

4.17.1 Employees who attend conferences or courses sponsored or supported by the Ministry of Civil Defence may be granted paid leave at Police convenience.

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4.17.2 Employees who volunteer during or following an emergency may be granted paid leave for the duration of an emergency, up to a maximum of three days.

4.17.3 Employees who have been granted approval to undertake a

commitment may be granted paid leave for the duration of an emergency, up to a maximum of ten days. Employees who undertake civil defence work without prior consent may be granted special leave without pay.

4.17.4 Employees who are members of recognised fire fighting forces may be

granted paid leave for emergency call-outs during normal working hours, subject to consent being obtained from the employee's controlling officer.

4.18 Leave for First Aid Training

4.18.1 Employees required by the Police to attend First Aid Training courses shall be granted paid leave and a refund of the course fees on production of a receipt.

4.18.2 Employees who attend courses outside working hours are to be

granted time off in lieu at Police convenience, however shift workers may be at T1 for hours attended, in lieu of time off.

4.19 Transfer Leave a) An employee with a family who is on transfer at Police expense, and in

receipt of accommodation assistance at the new location, may be granted permission by the Commissioner to visit the employee's family at Police expense.

b) An employee who is on transfer at Police expense, and in receipt of

accommodation assistance at the new location, may be granted paid leave to assist with the transfer of family and/or effects. Such leave may be granted to cover actual travelling time plus two days.

4.20 Accident Leave Accident leave is granted pursuant to the Injury Prevention, Rehabilitation, and

Compensation Act 2001. 4.21 Trading Salary for Leave Members may increase their leave entitlements by trading salary for additional

leave. Details will be finalised between the parties and incorporated into the FEO policy.

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SECTION 5: REMUNERATION 5.1 Total Remuneration

5.1.1 Total Remuneration Structures (Background) Positions covered by this Agreement have been allocated to the

appropriate remuneration band following assessment using the Police position evaluation process (JE Leader). Requests for a review of a job evaluation may be made by the position-holder or the supervisor. There should be agreement on the position description before it is submitted for re-evaluation. The District Human Resources Manager will be consulted where a position description cannot be agreed. Requests for re-evaluation will reflect a change in the actual ongoing duties and responsibilities of a position that are significant enough to warrant a re-evaluation of the position.

Note: Staff who were working shifts at their translation to total

remuneration (in 1998) were appointed so that existing earnings were maintained while they remain in that position. Where those earnings would otherwise be adversely affected, if the appropriate remuneration band for the individual provides insufficient scope for such an appointment, then the position was broad-banded with the next remuneration range provided the position effected is in Band ‘A’, ‘B’ or ‘C’. This provision applies only to staff employed in a shift position at 22 September 1998.

5.1.2 General Information Subject to the specific provisions of this Agreement, members covered by

this Agreement are entitled to:

a 2% increase to Total Remuneration on 01 July 2009 Note: Members whose remuneration exceeds, or a portion of their

remuneration exceeds, the maximum of the new remuneration bands when the translation, or adjustment in subsequent years is made, will receive a one–off payment only for the applicable amount in excess of the maximum.

All allowances and rates have been adjusted by 2% effective on the date

above unless specified otherwise. 5.1.3 Remuneration Scales The total remuneration scales from 01 July 2009 to 30 June 2010 are

attached at Schedule Seventeen. 5.1.4 Reserved

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5.1.5 Components of Total Remuneration a) Total remuneration for employees covered by this Agreement

comprises the total remunerative benefits to the employee and is calculated as follows:

Individual Annual Comprehensive Salary (refer payslip} Add Superannuation subsidy if applicable (see note 1) = Total Remuneration ____________ Note:

1 For the purposes of Total Remuneration superannuation is valued after withholding tax at a standard rate of 33%. Superannuation subsidy for Police Employees is based on the before withholding tax PSS rate of 12.5% (8.375% after withholding tax), or PSS/Ex GSF 9.2% (6.164%) or General GSF 7.5% (5.025%), sworn GSF 16.1% (10.78%) former Reg 24 staff only, which are the figures used in calculations. The employer's contribution will be determined from time to time according to the rules of the fund concerned. This is expressed as a percentage of gross salary less withholding tax (payable to Inland Revenue Department). The employer's superannuation contributions to KiwiSaver and State Sector Retirement Savings Scheme (SSRSS) are additional to an employee's total remuneration.

2 Ongoing remunerative allowances were incorporated into Total

Remuneration from 22.9.98 in line with the translation to the Police remuneration structures. (See below).

3 The following formula is used to calculate annual salary from a

total remuneration rate:

_____________Total remuneration____________ divisor for the relevant superannuation scheme #

# Divisors are as follows: PSS 1.08376; PSS/ex GSF 1.06164;

GSF/Gen 1.5025; Sworn GSF (ex Reg 24) 1.10780.

The Association and the Police have agreed that the following items are to be included in total remuneration. The parties agree to review the effectiveness of those items included in total remuneration in the context of the new approach.

Salary Superannuation Subsidy (for relevant scheme see note 1

above) Telephone rental payments Reserved Car Parking (will not apply where vehicle is pooled) Penal Rates (comprehensive salary) Welfare Officers Allowance (amount above $716.16 from

1.12.00). Plain Clothes Allowance (50%) (former Reg 24 staff only) Insurance Subsidy (former Reg 24 staff only)

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Note: Except as otherwise specified in this Agreement, components in

pay for penal time and overtime were incorporated into comprehensive total remuneration with the implementation of Police remuneration structures from 22 September 1998.

5.1.6 Total Remuneration and Superannuation The assessed value of superannuation in members TR will not be

affected by periodic changes in the GSF employer subsidy or changes in superannuation withholding tax. Parties to the agreement can raise issues in relation to these at subsequent agreement negotiations.

5.1.7 Remuneration Restructure The parties agree to re-structure Police remuneration systems for 2009. A

joint approach to government to fund the re-structuring costs separately from normal pay negotiations will be made by the parties. This would include, but not be limited to, consideration of superannuation matters, the number of steps in the pay bands, common core conditions with vocational remuneration structures and specific recognition of shift work and overtime.

5.2 Appointments – Movements Between Remuneration Bands All employees will be appointed to the appropriate remuneration band according

to the evaluation of the position to which they are appointed. Employees appointed to positions that normally involve the requirement to work rostered shifts will be appointed to the appropriate shift band scale. (See Schedule Seventeen). On appointment employees will be remunerated between the upper and lower remuneration limits for the appropriate remuneration band.

Criteria Employees will be appointed to a remuneration level at or between the upper

and lower remuneration limit of the remuneration band. Factors to be taken into consideration by the Police in determining the rate

payable are: a) previous work or other relevant experience and/or; b) relevant educational or other qualifications and/or; c) the difficulty of recruiting including recruiting the skill or experience

required for a particular position and/or; d) any other relevant factors. Note: In lieu of application of the above criteria employees may be appointed to a

remuneration level in accordance with administrative arrangements and minimums developed in consultation with the Association.

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5.3 Progression Within Total Remuneration Structures

Progression within remuneration bands is on the basis of competency and service. Staff who are not at or above the maximum of their band will receive a competency/service increment (CSI) on their anniversary of appointment to Police. This is deemed to be the start date with Police, which in the case of former TSS staff is the date of appointment to the TSS; or in the case of staff who have been employed on a temporary basis prior to permanent appointment their date of appointment as temporary staff. Those employees at the top of their band will receive on their anniversary date a one time superable payment equivalent to one step. It is expected that in excess of 98% of eligible members will receive these permanent increases. A member will not receive a CSI where there is unresolved competency (including certification) issue that has been advised to the member and is not likely to be met within a reasonable time frame. Members will receive advance advice if their eligibility to a CSI is in doubt to allow an opportunity to correct the issue of concern. To be eligible for a CSI a member must have been on active duty for at least four months of the 12 month period preceding their anniversary. Active duty excludes LWOP and Parental leave and extended sick leave but includes periods of annual, long service and bereavement leave.

5.4 Performance Appraisal a) Appraisal of an employee's performance shall be undertaken on at least

an annual basis; b) All employees shall have recourse to an appraisal review when an

appraisal cannot be resolved with their Controlling Officer. 5.5 Progression between Bands Progression between bands shall be on appointment to an established position

or, for positions established over a range of bands by merit. The new salary will be paid from the date of taking up the new role. Where operational requirements or a direction to take leave as provided for by the leave management protocols, determines that the employee cannot take up the new position within four weeks of the unconditional offer, the new rate will apply from the four week date.

5.6 Minimum Increase on Progression Between Bands a) Minimum increase on promotion to or from bands without a specialist

remuneration scale On promotion from one band to a higher band a member will: where their current remuneration is less than the new band

minimum; be paid the new band minimum or, if this is an increase

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of less than 4%, at the first step that achieves at least a 4% minimum increase;

where their current remuneration is greater than, or equal to, the

band minimum be appointed to the next highest step plus two steps. (That is between a 4% and 6% increase. In rare cases a further step may be required to deliver a minimum of 4%).

b) Minimum increase on promotion to or from or between bands with a

specialist remuneration scale. Movement concerning shift workers bands should be managed as

follows: Members who move from a shift position to a non shift position,

(or vice versa) in the same band, are moved to the equivalent step or interim step on their new band.

All movements between bands must be calculated between those

bands non shift scales. Note: This rule is subject to the requirement that a shift worker appointed to a

non-shift position in a higher band will be moved to at least the closest lower step in value in the new band to their previous total remuneration. When a member moves to a lower band and does not change their shift status, they will be moved to no higher than the step below their previous total remuneration.

5.7 Career and remuneration Structures for Specific Groups Career and remuneration structures for specific groups are in the following

schedules to this agreement. Schedule 1 Infrastructure Business Unit (IBU) Schedule 2 Communicators & Dispatchers Schedule 3 Document Examination Schedule 4 Fingerprints Schedule 5 Legal Services Staff Schedule 6 Electronic Crime Laboratory Schedule 7 Policy Group Career Structure Schedule 8 Tenprint Officer Career Structure 5.8 Moving to a Lower Band and No Total Remuneration Regression Where an employee moves to a lower banded position, the new salary will apply

from the date of taking up that position. No salary remuneration will be reduced by reason of the implementation or

operation of these total remuneration bands, except where: a) An employee joins the Police Superannuation Scheme (PSS) from 1 April

1999. In this case the gross annual salary will reduce by the annual amount of the net superannuation subsidy received, when payable. The total remuneration received will remain unchanged; or

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b) Any other circumstances where the Commissioner and the Association agree that an employee is in receipt of a remunerative benefit which should be included into total remuneration under the provisions of 5.1.1 above; or,

Moving to a Lower Band c) Members whose current TR is above the maximum of the band of the

new position will move to the band maximum for the new position. Members whose current TR is within the range of the band of the new position will move down to the nearest (lower) step in the band of the new position.

Members who move to a lower band on this basis will, on appointment to a

higher band in future, move only to the next highest band step in the new band. For staff who moved to a lower band prior to 1 July 2003: Those staff who had their total remuneration preserved at the time of

movement to the lower band will be subject to the provision above; or, Those staff who had a reduction (of at least 4%) to total remuneration at

the time of movement to the lower band will be eligible to receive the minimum increase on promotion.

A member moving down from a specialist scale will first be placed on the non- specialist scale as specified under the clauses concerning promotions. Employees who choose to go to a lower band within two years of going to the

higher band will be appointed at the same step in the lower band that they would have been on had they not gone to the higher band.

For example: If a member was Step 10 of Band B and is then promoted to Band D,

during their time in Band D they received one CSI and they elect to revert to band B, they will be placed at step 11 in band B. If they elect to go down to Band C the calculation will place them back at step 11 in Band B for the purposes of completing the normal calculation to place them in Band C;

If a member was in Band C (on step 8) and is promoted to Band D (step

4) and then elects to go Band B the member will initially revert to their previous step in Band C plus any CSI payment, and then be recalculated as per the existing provisions into Band B.

If a member is appointed to a position that has a period of training in a

lower band before movement to a higher band, the two years referred to above commences on the first day of training and not upon movement to the higher band.

Where a member is appointed to a specialist position which has a period of

training in a band lower than their current band, the member will only be required to move down (to a step next lowest in value) if their current band is higher than the post-training band of the new position.

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5.9 Procedure for Review There shall be a procedure for review of placement and progression in the bands

as specified in Schedule 16 of this Agreement. 5.10 Reserved 5.11 Female Searchers a) i) Police Employee female staff may be employed as female

searchers on a voluntary basis and paid at the rate of $14.15 per search if the search is carried out during normal hours of work.

Such duty shall include searching prisoners, accompanying a sworn officer escorting a prisoner, and handling female cadavers.

(ii) For all duties performed between 1800 hours and 0800 hours on

weekdays or between 1800 hours Friday and 0800 hours on Monday or statutory holidays: $31.63 for each hour (including time spent travelling to and from such duty)

b) Any travelling expenses incurred in the course of duty are to be

reimbursed in accordance with clause 6.7. 5.12 Part-Time Salaried Employees

5.12.1 Salaries and allowances will be paid to part-time salaried employees on a pro-rata basis on the following formula: Hours worked per week x 100 _____________________________ = % of salary payable 38 (or 40) hours Reimbursing allowances will however be paid at the full rate. 5.12.2 Progression will be the same as for their full-time counterparts.

5.13 Payment of Salaries

5.13.1 Salaries shall be paid fortnightly by direct credit to a bank account on receipt of the appropriate written authority from an employee. In the event of a direct credit not being able to be actioned, the amount of salary due to the employee, shall be paid direct to the employee by cheque.

5.13.2 The Police shall make payslips available to an employee fortnightly.

These will include information on gross pay and deductions. 5.14 Deductions from Salaries

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Police Employee Agreement 2009-2010 53

At the Commissioner's discretion a deduction may be made from the salary of an employee:

a) pursuant to the Wages Protection Act 1983 with the required notice being

given to the employee; b) with the employee's written request. 5.15 Payment of Average Annual Earnings (Holiday Pay) When employees take annual leave, the calculation of pay for the period will be

based upon the greater of average or ordinary earnings as defined in the Holidays Act 2003.

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SECTION 6: ALLOWANCES AND EXPENSES Unless specifically varied under Section 8, the following conditions apply to all employees. Note: All stated rates in this section are effective from 01 July 2009. 6.1 Higher Duties Allowance Higher duties payments are taxable and non-superable a) An employee authorised to perform duties of a higher remuneration band

may be paid an allowance if he or she substantially performs the duties and carries the substantive responsibilities of that position, and the employee is employed in such position for 5 consecutive working days (or 40 consecutive work hours for members working Scale B contingent rosters): or

b) At a lesser rate where an employee is required to undertake only some of the duties and

responsibilities of a higher remuneration band position; or, where two or more employees are each performing some of the

duties of a higher position.

6.1.2 Higher Duties allowance shall be paid for each complete shift worked when an employee is required to occupy a higher banded operational position (as designated in 6.1.5 and 6.1.6 below) and immediately assumes the full duties and carries the responsibility of that position.

6.1.3 The payment of Higher Duties to be 5% of the mid-point of the post

acting into, where relieving one band higher, and 8% of the mid-point of the post acting into when relieving two or more bands higher.

Relieving above Band J –minimum increase on promotion provisions

applying to senior individual manager agreements at the time, or the band minimum, whichever is greater.

Where an employee in Bands A-D temporarily acts into a Shift position of

the same Band the additional payment will be the difference between the employee's current step and the same step in the shift band (for example, Band B step 4 acting to Band B Shift will receive higher duties to Band B Shift, step 4).

Where the payment of less than the full rate of the allowance is

considered as per 6.1.1(b), the rate is to be 60% of the full rate. In such cases the potential payment must be consulted and agreed with the employee before the commencement of the higher duties.

6.1.4 a) The allowance is payable during a period of annual leave or sick or

special leave on pay provided the employee goes back to the same or other higher duties on return to work, and provided that the allowance is not to be paid for a longer period than five days of absence.

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Police Employee Agreement 2009-2010 55

b) When an employee has been employed on higher duties allowance for at least 12 months immediately preceding that date when he or she goes on annual leave or sick or special leave on pay the payment of the allowance may be continued for up to five days even though the employee does not take up higher duties on return from leave.

6.1.5 The positions Communicator relieving Dispatcher, and Dispatcher

relieving Team Leader are designated as being eligible for the full higher duties allowance for single shifts on the basis of their operational focus. Payment is authorised provided that:

a) A Commissioned Officer at a District Headquarters (or in his or her

absence the senior NCO) or an Area Controller (or in his or her absence the senior NCO) or a Service Centre manager (or in his or her absence the senior NCO) has given approval for the position to be relieved for the complete shift after being satisfied that the relieving employee is suitable.

b) The position to be relieved must be vacant by the physical absence

of the usual incumbent on a rostered working shift through illness, leave, or through the necessity to perform duty away from that location or usual area of supervision.

c) The employee relieving immediately and physically assumes the full

duties and carries the responsibility of that position. 6.1.6 Higher duties will be paid to members on a single shift basis in the

following operational positions only and where the member immediately assumes the full duties and carries the responsibility of the position:

• Watchhouse Assistant or Officer • Watchhouse VDU Operator • Computer Terminal Operator • Crime (Burglary) Desk Operator or O/C Crime (Burglary) Desk

Other positions will be considered by Police, after consultation with the

service organisations, where they are satisfied that the above criteria is fully met.

6.2 Special Duties Allowance The Commissioner may approve payment of a special duties allowance where

the payment of a higher duties allowance (as specified in clause 6.1) is not justified.

6.3 Transfer Expenses The Commissioner and the eligible employee may agree, at the time of

appointment, to any alternative provision in substitution for any or all entitlements to transfer expenses.

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Definition: In determining expenses payable to employees on transfer or new appointees, dependants are defined as follows:

a) all children up to the age of 16 years and all children between the ages of 16

and 18 years who are not:

i) In paid employment; or ii) In receipt of a state benefit; or iii) In receipt of a basic grant or an independence circumstances

grant under the Student Allowances Regulations;

b) a partner, (provided that no transfer expenses are being paid from another source);

c) all other persons from whom the employee can be shown to be financially

responsible, either for legal or moral reasons, provided that any income they receive is in total, less than the Adult Minimum Wage as set by the Minimum Wage Act;

d) special consideration will be given by the Commissioner to any cases where

an employee can show that a person living with the employee in the old location and moving with the employee to the new location is in some way in need of the said employee's shelter and support and should thus be considered to be a member of the family for the purposes of transfer provisions despite the fact that their income exceeds the stated figure.

The following provisions apply in respect of those employees transferring to

meet the convenience of the Police or in the course of promotion. They do not apply in surplus staffing situations in which case the provisions in Section 7 apply.

6.3.1 When employees are transferred in the public interest or to meet the

convenience of the Police or in the course of promotion, the actual and reasonable cost of conveyance of the employees and their dependants shall be paid by the Police as set out below:

a) Removal of Furniture and Effects Expenses, including insurance and storage, incurred in the transfer

of household effects to new locations (including household pets, content of freezer, telephone installation and television aerials up to a maximum of $106.23. The cost of the removal will not include the following effects:

i) all articles not part of the employees own household; ii) buildings (other than small easily dismantled structures, which are

not garages), building structural materials, garden seats and large radio and television masts;

iii) large workshop machinery, large engines, large cultivating

machinery and garden rollers; iv) boats (other than those towed on trailers); v) wood, fuel and coal in excess of 250 kg;

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vi) livestock (other than household pets) and beehives; vii) motor and towed vehicles.

b) Travel Expenses

Payment of expenses during travel and on arrival. This will include

meals, travel and accommodation for up to seven days on arrival. An extension may be sought if furniture is delayed in transit.

c) Board and Lodging for an Employee with Dependants Actual and reasonable expenses for board and lodging, to an

employee who is maintaining a home at the former location as follows:

i) for the first two weeks, employees may claim $88.93 per 24 hour

period for meals, $11.19 incidentals allowance and accommodation costs;

ii) for the third and fourth weeks employees may claim $66.72 per

24 hour period for meals, $11.19 incidentals allowance and accommodation costs;

iii) for the second month, the amount refunded to the employee per

week is on the basis of 2/3 of the amount reimbursed in the fourth week; and

iv) for the third month and up to the end of the sixth month, the

amount refunded to the employee per week is in the basis of 1/3 of the amount reimbursed in the fourth week.

d) Accommodation Allowance for Employees Without Dependants

If an employee without dependants has difficulty in finding suitable permanent accommodation at the new location, the employee shall be granted an accommodation allowance for a period of up to one month in addition to the period mentioned in subclause (b) above.

i) The allowance is to be the amount by which actual and

reasonable board and lodging expenses exceed 30% of gross remuneration.

ii) If the employee stays at a motel and food is purchased and

prepared by the employee, a rent subsidy of an amount by which the motel tariff exceeds 1/6 of gross salary may be paid.

e) Expenses for Dependants When Travelling and Staying Privately

i) Reimbursement of expenses for employee and dependants shall be on the same basis as employees travelling on official business. For children under 12 years the allowances are payable at half rate.

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ii) When an employee and dependants are boarding and the employee is no longer maintaining the home at the former location, an accommodation allowance shall be paid at the amount by which actual and reasonable expenses exceed 45% of gross remuneration.

iii) When staying at a motel and food is purchased and prepared, a

rent subsidy of an amount by which the motel tariff exceeds 1/6 of gross remuneration shall be paid, however where meals are required to be taken in a restaurant the subsidy shall be the amount by which the motel tariff and meal expenses exceeds 45% of gross remuneration.

6.3.2 Expenses Arising from Buying and Selling Homes and Land

(a) When an employee on transfer buys or sells land, a refund of the following expenses shall be made:

i) aggregated maximum for purchase and sale of land: actual

expenses up to $6,249 or ii) if selling only: Estate Agent's Commission actual expenses up

to $3,299; and iii) Legal fees: actual expenses up to $802. Purchases and sales of land must be completed within two years of

transfer to the new location. b) When an employee sells the house the employee was occupying at

the former location and buys a new house at the new location within two years of the date of transfer, actual aggregated legal and land agents expenses up to $18,610 shall be refunded: evidence must be produced that the employee has occupied and sold a house at the former location.

c) Legal Expenses

i) When an employee sells the house that the employee was occupying at the former location within two years of the date of transfer, but does not buy another actual expenses up to $1,544.

ii) When an employee has sold a house at the former location and

buy another at the new location, or when the employee has not sold a house at the former location, but buys one at the new location within two years of the date of transfer or builds one within two years provided has owned a house actual expenses up to $6,609 shall be refunded.

To qualify under this provision, the employee must provide

evidence of having previously owned a house.

iii) At the discretion of the Commissioner an employee may be reimbursed for the legal cost incurred in temporary leases and short term tenancies.

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d) Land Agent's Commission

i) When an employee sells the house that the employee was occupying at the former location within two years of the date of transfer (whether or not another house is purchased at the new location) actual expenses up to $10,456 shall be refunded.

ii) If the employee sells the house without the services of a land

agent, the employee shall be refunded the full costs of advertising with a maximum of $1,085 subject to the production of receipts.

e) Penalty Mortgage Repayment Charges When employees transfer to another location and are eligible for

payment of transfer expenses, the Commissioner shall approve on the submission of details, a separate refund of the penalty charges incurred because of the termination of a mortgage before the completion of the term of the loan on the property at the previous location. The maximum refund allowable is $4,014.

6.3.3 Transfer Grant When employees are transferred at Police expense and are required to

shift their household, a transfer grant shall be paid as follows: a) $1,284 where an employee: i) purchases their own accommodation; or ii) moves into pool housing; or iii) rents or leases Police or private accommodation which has no

floor and window coverings. b) $880 where an employee rents or leases departmental or private

accommodation which has some floor or window coverings. c) $647 where an employee rents or leases departmental or private

accommodation which has floor and window coverings in all rooms. Note: In the above definitions the furnishings referred to are those

owned by or installed at the expense of the department concerned or the existing owner, where rented or leased non-departmental accommodation is concerned.

d) $422 for each child who is attending a secondary/intermediate school

prior to the date of transfer, who attends another secondary or intermediate school after the transfer and for whom a different uniform is required to be purchased because of change of schools.

6.4 Employees working away from usual place of Employment: Fares

and Travelling Time

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6.4.1 Where an employee is required to work at a place other than the usual place of employment, the Commissioner may - for a period of up to three months - approve the refund of any additional fares required in travelling to work. This provision applies only in the case where the employee is able to return to home each night.

6.4.2 The Commissioner will consider and may approve payment for any

additional travelling time involved where hours worked plus the additional travelling time exceed eight for the day.

6.5 Meal Allowances

6.5.1 Overtime a) Where an employee has been directed to work not less than two

hours overtime and has had to buy a meal, which would not otherwise have been bought, a meal allowance shall be paid at a rate of $18.48.

b) Where an employee has been informed of a requirement to work

overtime, and purchases a meal which would not otherwise have been bought, a meal allowance shall be paid if the requirement to work overtime is curtailed or cancelled. The rate shall be $18.48.

Note: Refer also to clause 3.4.1, Note (1). 6.5.2 Travelling less than 24 hours When employees travel on duty and are away from the city or town in

which their work place is located and do not incur accommodation expenses, they may be refunded an amount up to the stated rate for a meal (as set out in 6.5.5 below) subject to the following:

i) The travel must previously be approved by the employees controlling

officer; ii) No payment will be made when a meal does not cost the employee

more than he or she would normally pay when not away from the usual work place on duty.

6.5.3 Meals Away from Usual Work Place When employees on duty in the city or town where their usual work place

is located are required to be away from the place where a meal is normally consumed during a rostered meal break cannot be altered to enable the employees to take a meal break either before going on or after returning from the assignment, they may be refunded an amount up to the stated rate for a meal (as set out in 6.5.5 below) subject to the following:

i) The employees must necessarily buy a meal which they would not

otherwise have bought, the essential qualification being that through the official assignment they have unavoidably incurred an expense which they would not ordinarily have incurred. The mere fact that a

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meal is eaten in a different place does not qualify the employee for a refund.

6.5.4 Midday Meal Where an employee is required to have a meal with a business

associate or a client of the Police, the Commissioner may approve the payment of a midday meal allowance at the rate of $18.48 or the reimbursement of the cost of the meal, whichever is the lower.

6.5.5 The rates for the payment of meals are: Breakfast Reasonable cost actually incurred Lunch $8.40 Dinner $18.48

6.6 Meal Allowance - Shiftworkers A shiftworker meal allowance, at the rate of $9.12, will be paid where the

rostered shift is 8 hours or more and where the period of work, excluding any break, has been extended to more than one hour beyond the rostered finish of the shift provided that the Police has the option of providing a meal rather than pay the allowance.

6.7 Travelling Allowance

6.7.1 An employee required to travel within New Zealand on official business shall be paid:

a) reimbursement of actual and reasonable accommodation costs; b) up to the following rates for meals:

i) $88.94 for each twenty-four hours period; and ii) $37.54 for any additional period up to ten hours or $88.94 for any

additional period over ten hours. c) an Incidentals Allowance of $11.19 per day or part of a day for

incidental expenses not otherwise recoverable. The Incidentals Allowance is payable for each full period of twenty four hours and any additional period. The period for payment is calculated from the time of departure from the usual place of employment to the time of return to the usual place of employment.

6.7.2 Where the rates specified in subclause 6.7.1(b) above are insufficient

over the whole of a particular period of absence from the usual place of employment to meet meal expenses an employee may instead be reimbursed actual and reasonable charges incurred for meals.

6.7.3 Employees who stay privately shall be paid, instead of 6.7.1(a) and (b)

above, up to the following rates for meals and accommodation:

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a) $96.53 for each twenty-four hour period; and b) $44.47 for any additional period of less than twenty-four hours. Where employees visit a Police hostel, an armed forces or Police camp,

station or establishment and all or some meals are provided, employees must claim an actual and reasonable refund of their meal expenses for the period of the visit. Receipts must be produced for amounts in excess of the minimum prescribed.

6.7.4 When an employee leaves and returns to their usual place of

employment on the same day the Commissioner may approve payment of actual and reasonable expenses above the normal day-to-day work related expenses. Travelling Allowance and Incidentals Allowance are not payable.

6.7.5 The Commissioner may approve the reimbursement of expenses without

a receipt provided that he/she is satisfied that the expenditure was necessary, reasonable and actually incurred.

6.8 Relieving Allowance

6.8.1 An employee required to perform relieving duty or other duty which in either case necessitates staying for more than fourteen nights at a location other than the normal place of residence shall be paid:

a) reimbursement of actual and reasonable accommodation costs; b) up to $66.73 for each twenty-four hour period for meals; c) an Incidentals Allowance of $11.19 per day or part of a day for

incidental expenses not otherwise recoverable. 6.8.2 Employees who stay privately shall be paid, instead of 6.8.1(a) and (b)

above, up to the following rates for meals and accommodation: a) $85.39 for each twenty-four hour period, and b) $33.35 for any additional period of less than twenty-four hours.

6.9 "Out of Pocket" Expenses Allowance The Commissioner may grant an allowance to compensate for out-of-pocket

expenses incurred by an employee and arising out of the performance of official duties.

6.10 Reimbursement of Expenses Incurred in Caring for Dependants When an employee attends a course or is travelling on official business or is

required to work abnormal hours, the Commissioner has the discretion to approve the actual and reasonable cost of expenses incurred by employees in caring for dependants where the situation is such that an employee cannot make

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alternative arrangements for the care of their dependents without incurring extra expenses.

6.11 Field Allowance

6.11.1 An employee who: a) Is absent from their usual place of employment on field duties; and b) Occupies in the field a tent or quarters or other accommodation

provided by the Police; and c) Provides meals or pays for them at a camp mess established in the

field; shall be paid Field Allowance. The allowance is not payable to an

employee without a family for a longer period than six weeks continuously, except as approved by the Commissioner.

6.11.2 Where meals are provided at a camp mess established in the field at a

charge in excess of the basic rate, the actual mess charge may be refunded in lieu of the basic rate.

6.11.3 Where the accommodation is not rent free the rates may be increased

by the amount of the rent. 6.11.4 The allowance is payable for each day (ie 24 hour period) or

subsequent part of a day spent in the field, except that if an employee is out overnight in the field but is absent from their usual place of employment for less than 24 hours the allowance will be paid.

6.11.5 The daily rates for Field Allowance for each day or subsequent part of a

day spent in the field are: a) basic rate: $20.18 plus b) incidentals allowance: $11.19

6.12 Work Related Motor Vehicle Reimbursement

6.12.1 Members of Police will be reimbursed at the rates below provided they meet the following criteria:

(i) They are required to use their personal motor vehicle (including

motor cycle) to perform police duties for which reimbursement will be for the actual work related travel; or

(ii) They are required to travel to an alternative place of work which

requires them to travel a greater distance than they would normally travel to their normal place of work. Reimbursement to be for the excess distance travelled only. Provided, however, where members are unable to get to an alternative place of work they should discuss options with their supervisor. The member can

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choose to report to their normal place of work and will be provided travel by Police to the alternative place of work; or

(iii) They are required to use their personal motor vehicle when called

back to work outside of normal duty. Reimbursement is for actual distance travelled to and from work; or

(iv) They travel in their private motor vehicle on transfer.

Reimbursement is for a maximum of two vehicles and by the shortest route.

6.12.2 Reimbursement rates:

Cents per Kilometre

Engine Capacity < 1500cc 1500 - 2000cc 2000 - 3500cc >3500cc rate to 30 Nov 09 50.0 60.5 76.5 96.4 rate from 1 Dec 09 47.8 57.4 71.5 90.3

These tables will be reviewed annually to reflect the AA rates.

6.13 Transport Assistance Note: The Transport Assistance provisions should be read in conjunction with

the Shift Incentive provisions as a member cannot claim Transport Assistance and be eligible for the Shift Incentive.

Transition Provision - Transport Assistance. Note: This transition provision will operate from the 1 January 2007. The Transport Assistance provisions will not be available to any new members

employed from 1 January 2007. These members will be eligible for shift incentives as applicable.

Existing members who change positions from 1 January 2007 will not be eligible

to claim Transport Assistance. These members will be eligible for shift incentive as applicable.

The Transport Assistance rates will not be increased under this agreement. Employees whose hours of duty are such that they cannot use the public

transport that is available during normal working hours and must therefore make alternative arrangements to travel to and from work are to be paid an allowance in the following circumstances:

a) In the four main centres (Auckland, Wellington, Christchurch and

Dunedin): The Police shall pay transport assistance at standard rates to shift

workers and rostered workers (or other employees in special categories) who are required to travel to and from work at times when public transport which is available during normal working hours is not available, (Normal working hours' means between 8.00 am - 5.00 pm).

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b) In other cities: Eligibility for the allowance may be extended to shift workers and

rostered workers (or other employees in special categories) who work in other cities. To qualify, the city must have a public transport system such as operates in the four main cities – i.e. there must be a public passenger transport network operating over the whole or major portion of the city. Each case will be decided on its merit.

Cities currently recognised under this provision are:

Timaru Palmerston North Invercargill Hamilton Nelson/Richmond Rotorua Hastings Napier Gisborne Tauranga Wanganui

(Note: A city will not qualify if the only public transport is a commuter

service operating between the city and locations outside the city, eg Intercity).

c) In certain situations Where an institution is located of necessity away from a population

centre and is not served by public transport, the Police may extend eligibility for the standard transport assistance allowance to employees who travel to and from work at the institution. This provision does not apply to depots, branch offices of other work sites but only to institutions such as rural prisons where there is evident difficulty recruiting significant numbers of staff locally.

Standard Provisions Payment of an allowance towards the cost of travel to and from work is in every

case subject to these conditions; a) Distance that qualifies for assistance i) Where employees live and work within the boundary - distance

between home and their usual place of employment providing it is more than 2 kilometres.

ii) A shift or rostered worker who lives outside the boundary but

whose place of work is more than 2 km within the boundary, is to be treated in the same way as an employee who lives right on the boundary, ie

I) the same rules on distances apply II) the same rules on availability of transport services to the

boundary apply. iii) A shift or rostered worker who lives at a distance of more than 2

km outside the boundary but whose place of work is within the boundary but less than 2 km from it, will be paid at the minimum rate of transport assistance, providing that the same rules on availability of transport services to the boundary apply.

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b) Where the allowance is approved it is payable to the employees whether

or not their own vehicle is used. c) Where the allowance is approved it is payable for a return trip, even

though public transport may be available one way (ie public transport may be available when employees are required to commence duty but not when they cease; or vice versa).

d) No allowance will be paid when public transport is available and enables

employees to arrive at work (or leave work) within 30 minutes before the time they are required to commence duty (or within 30 minutes after the time they finish duty).

e) No allowance will be paid to employees who have declined a Police

house at their place of work, unless the Police rules otherwise. f) No allowance is payable only because overtime is worked. g) No allowance is payable where the shortest distance between home and

place of employment is two kilometres or less. Departmental Transport In the four main cities - where an employee qualifies for transport assistance

but transport is provided by the Police (ie vehicle owned by the Police, rented or chartered vehicle, taxi), the employee will not be required to contribute towards the cost up to a maximum distance of eight km from the place of employment. Beyond that maximum point the employee is responsible for meeting the cost. The following points should be noted:

a) No allowance is payable b) Transport will not be provided for employees whose homes are two

kilometres or less - by shortest distance - from place to employment c) The use of taxis is to be kept to a minimum. Strict control is to be kept on

the authorisation of this form of transport. d) An extension of the standard eight kilometre limit may be approved in

special circumstances. Standard Allowance An employee who qualifies for transport assistance ie, employees working may

be paid a standard allowance at the following rates. Shortest Distance Between Member's Return Trip Allowance Home and Station (One Way) Over 2 Km and up to 4 Km $1.63 Over 4 Km and up to 6 Km $2.36 Over 6 Km and up to 8 Km $3.20 Over 8 Km and up to 10 Km $3.93 Over 10 Km and up to 12 Km $4.76 Over 12 Km and up to 14 Km $5.52

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Over 14 Km and up to 16 Km $6.28 Over 16 Km $6.71 Extended rate For employees eligible for extended transport assistance i.e., employees

working at Transit New Zealand weigh stations where the location exceeds 16 km, the following rates are payable:

Shortest Distance Between Member'sReturn Trip Allowance Home and Station (One Way) Over 16 Km and up to 18 Km $7.17 Over 18 Km and up to 20 Km $7.91 Over 20 Km and up to 22 Km $8.91 Over 22 Km and up to 24 Km $9.71 Over 24 Km and up to 26 Km $10.63 Over 26 Km and up to 28 Km $11.50 Over 28 Km and up to 30 Km $12.36 Over 30 Km and up to 32 Km $13.31 Part-time Salaried Employees Part-time salaried employees may be eligible for transport assistance, subject to

the following provisions: a) they are shift or rostered workers working a full shift and have permanent

full-time counterparts; and b) they are unable to use the public transport system available to daytime

salaried staff to get them to their workplace within thirty (30) minutes preceding the start of the shift or to leave for home within the thirty (30) minutes following the end of the shift; and their home is 2 km or more from their workplace

c) their home is 2 km or more from their workplace; and

e) they meet all the other standard criteria above. 6.14 Morning, Mid-Day and Afternoon Tea Allowance a) All employees are to receive free tea, coffee, milk and sugar for morning,

mid-day and afternoon tea breaks, providing that in any situation where it is impracticable to supply the ingredients, the Commissioner may approve payment of an allowance in lieu thereof which will continue to be paid in respect of all periods of leave on pay, except annual, retiring or resigning leave due on termination of employment.

Note: As from 1 May 2001 Police operate a policy whereby all districts supply the

above ingredients in preference to paying the allowance. The parties note that there will be limited situations where this will not be practicable. Where such a situation arises, an annual allowance of $154.26 will be payable.

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b) Part-time salaried employees with pro rata 'standard' annual leave entitlement - a proportion of the annual rate based on the ratio of part time hours worked to full time hours.

6.15 Standby Allowance

6.15.1 The standby allowance is intended to recognise that a genuine requirement for an off-duty employee to be contactable and ready to start duty immediately or within fifteen minutes places restrictions on the rest, recreation and personal life of the employee(s) concerned, significantly in excess of the normal obligations of some Police Employees.

6.15.2 Standby allowance only applies to positions where the criteria outlined

below are met and the employee has been authorised in writing by the District Commander to be on standby. Standby requirements are not intended to apply in situations where it is convenient, but not essential that the employee be available. The fact that an employee might occasionally be called out during off duty hours is not of itself a ground for payment of the allowance.

Note:

a) It is not the intention of Police to place such demands on staff on a long term basis, or in the absence of specific operational requirements. Rest and recreation are essential for long-term health and well-being, and as a matter of policy Police seeks to maximise these opportunities for staff, consistent with operational requirements.

b) Excessive use of standby constitutes a risk to the health and

safety of employees. Police managers are expected to restrict demands on staff to a minimum. Off-duty employees who have not been formally placed on standby are not obliged to maintain a constant state of “readiness” to return to duty at very short notice as if they were on standby.

6.15.3 Standby will apply in any situation where the operational effectiveness

and efficiency of police objectives requires that one or more employees are contactable and ready to return to work so as to create certainty of availability outside their normal working hours. The decision as to whether or not a position should be designated for standby is determined by the necessity to have someone available within 15 minutes or less, the problems of providing an alternative service, the consequences of failing to provide the service, and the imposition that standby would represent for the employee. Two distinct forms of standby can be identified:

a) An ongoing arrangement which forms part of the regular/routine

duties of a position; b) Occasional, one-off arrangements to meet temporary, short-term

operational necessities.

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6.15.4 Wherever possible ongoing standby requirements as outlined at 6.15.3(a) above will be governed by a roster to ensure that standby duties do not place excessive demands on any one individual. Every staff employee subject to standby duty shall be regularly assessed to ensure he or she is receiving adequate rest and recuperation time.

6.15.5 An employee who is approved under the above provisions to be on

standby shall be paid an allowance at the appropriate rate. 6.15.6 Standby Allowance Rates The rates are as follows:

per day 0800 - 1700 per night 1700 - 0800

$30.08 $50.14

6.15.7 An employee required to standby on a statutory holiday shall be given a day off in lieu and payment of the standby allowance at the appropriate rate.

6.15.8 Standby allowance is not payable for periods where the employee has

been specifically released from the requirement to standby. 6.15.9 This allowance is not payable to staff receiving a non-reimbursing

allowance which has a factor in its payment of compensation for ‘on call’ or standby. The arrangement shall be revisited by the parties to assess the appropriateness of this approach for the future.

Note: The controlling officer should consider, where possible, and if

appropriate, the provision of a ready means of communication being made available to the employee for the standby period.

6.16 Protective Clothing, Uniforms and Safety Footwear a) Employees shall be issued with the following items as necessitated by

their duties: i) Protective clothing and equipment. ii) Uniforms. iii) Safety footwear. b) Such items shall remain the property of the Police and be returned to the

Police on cessation of employment. Such items shall be replaced on a fair wear and tear basis.

6.17 Cleaning of Uniforms and Protective Clothing a) When an employee is required to wear a uniform as part of his/her work,

the uniform is to be dry-cleaned by the Police at Police expense. The items of uniform to be dry-cleaned and the number of occasions upon which these items may be dry-cleaned are to be determined by the Police and advised to the employees concerned.

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b) When an employee is required to wear protective clothing during the

course of their work, certain items shall be laundered at the Police expense.

c) The items to be laundered and the frequency of laundering shall be

determined by the Police and advised to the employee. d) The Police may authorise employees to arrange their own laundering of

protective clothing and such employees will be paid and allowance to cover the cost of launderings at a rate of $2.38 per clean.

6.18 Interpretation Allowance This allowance shall be payable to full-time employees who occasionally perform

casual interpreting duties during normal hours of work and where their salary is below $35,489 pa. It is not payable to positions where:

a) it can be shown that interpreting is a normal expectation of the job, or b) where competence in a relevant language is taken into account: i) in the appointment of employees to positions; ii) in the grading of positions. The effect of this allowance is to raise salaries for the period during which

employees are engaged on such duties to the above rate. The periods during which employees are so engaged shall be calculated over the fortnightly pay period by adding up the time so engaged to the nearest five minutes.

6.19 First Aid Attendant Allowance This allowance is payable only where the General Manager Human Resources

designates a Police Employee as a first aid attendant. Existing appointees receiving the allowance will continue to receive it for as long as their designation as First Aid Attendant is approved by the General Manager Human Resources. Designation is not automatic upon having a current First Aid Certificate. Employees who are holders of a current First Aid Certificate and who are so designated First Aid Attendant may be paid an allowance of $381.04 per annum.

6.20 Travelling Time When travel direct between home and a temporary place of duty is an essential

requirement for performance of official duties, and this travelling time by motor vehicle exceeds the normal travelling time between home and the members normal place of duty, such excess time shall be credited at the appropriate rate (as overtime outside the normal hours of duty or as time worked within the normal hours of duty).

6.21 Shift Incentive

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These shift incentives will apply from 01 January 2007 are subject to the transition provisions relating to the transport allowance specified in section 6.13 of this agreement.

A shift incentive will be paid to members who work on Saturday, Sunday or a

weekday between the hours of 6pm and 6am. The rate of the incentive will be: Shift Incentive rates

Band A – D (Non-shift) $1.67 Band A – B (Shift) $0.56 Band C – D (Shift) $1.11 Band E – F Communicator $1.95 Band G & H Dispatcher $2.22 Band I & J $3.35

The rates payable for each hour (part hours will attract a pro-rata rate) are

contained within the table below,

Sun Mon Tue Wed Thu Fri Sat 00:00 - 05:59 1 1 0.5 0.5 1 1 1 06:00 - 17:59 0.5 0.5 18:00 - 23:59 1 0.5 0.5 1 1 1 1

Members will receive incentive payments for up to 8 rostered hours in any single

rostered work period and for all overtime hours actually worked. Therefore where an individual works within the span of incentivised hours and works overtime in addition they may exceed the 8 hour limit.

Provided, however, where a member is receiving overtime loading payments no

shift incentive will apply. This incentive does not apply to recruits. Note: To avoid doubt overtime or any hours worked will qualify for payment only

if they have been rostered or authorised by the supervisor. Overtime can be either a call back to the workplace after the conclusion of shift hours or as an extension to those hours at either the beginning or end of the shift. Where circumstances prevent prior authority for overtime it may be sought and, if justified, granted after the event. Any work that is not authorised will not be paid. Requests for advice, or discussions, such as a brief telephone call that do not involve a return to the workplace will not qualify for payment. Only the actual hours worked on a call back will qualify for payment of the shift incentive.

6.22 Supervisory Incentive Allowance A supervisory incentive, equivalent to two additional steps in their current

remuneration band will be paid to Police Employee Team Leaders (Band I) in Band H employed in the Communications Centres. The incentive will be $3,254.

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Positions may be added to this list on approval of the General Manager: Human

Resources in consultation with the Police Association.

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SECTION 7: REVIEW AND RESTRUCTURING PROVISIONS 7.1 Consultation

7.1.1 The parties agree that the principles of the consultative clause (9.12) of this Agreement will apply to reviews of the Police. In reaching this agreement, the parties acknowledge their respective rights and obligations under clause 9.12.

7.1.2 The following definitions will apply in respect of this Section: A “review” refers to a process which is controlled by the Commissioner

and is likely to impact significantly either at a local or national level on organisational structure, staffing or work practices affecting employees. A review does not include any Government generated processes that are subject to confidentiality requirements.

“Restructuring” has a similar meaning to “Review” but relates more

specifically to the process of implementing staffing decisions reached during the review process.

7.1.3 “The Commissioner” means the Commissioner or any officer holding

delegated senior management authority on the Commissioner’s behalf, including a District Commander or other officer at an equivalent level in the Police.

“The National Secretary of the Association” means the National Secretary

of the New Zealand Police Association and/or the Public Service Association Inc or a member of the staff of National Office with designated authority for restructuring issues.

7.1.4 Initial advice: The Commissioner will advise the National Secretary of the

Association if the Commissioner considers that a review is likely to be conducted at National or District level. The Association undertakes to nominate local representatives for consultation on being advised of a review.

7.1.5 Formal consultation: If it is determined that the proposed review is to

proceed, the Commissioner will provide the National Secretary of the Association the opportunity to nominate a representative(s) who will be involved in consultation on the detailed planning and implementation stages of the process.

7.1.6 The aim of the consultative process, in accordance with clause 9.12 of

this agreement, will be to reach agreement and make recommendations or submissions to the Commissioner. If agreement is not reached the Association may make submissions to the Commissioner outlining the Association’s concerns. The Commissioner in reaching a final decision will take into account any such submissions.

7.1.7 Implementation of planned restructuring will not commence until the

consultative processes have been concluded and the proposed changes approved in accordance with agreed processes.

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7.2 Application

7.2.1 These provisions relate to employees who have been permanently appointed to Police, and whose positions are or may be affected by a restructuring situation.

7.3 Technical Redundancy Situations

7.3.1 Where an employee's employment is being terminated by New Zealand Police by reason only of the contracting out, sale or transfer within the state sector or private sector by Police of the whole or part of its business, nothing in this agreement or any other agreement shall require Police to make available any payment, benefit or compensation by reason of redundancy to the employee if:

a) the person or organisation acquiring or recommencing the

business, or the part being contracted out, sold or transferred by Police:

i) has offered the employee employment in the business or the

relevant part; and ii) has agreed to treat service with Police as if it were continuous

service with that person or organisation; and b) the conditions of employment being offered to the employee by the

person or organisation acquiring the business, or the relevant part, are the same as, or no less favourable than, the employee's conditions of employment, including:

i) any service related and redundancy conditions; and ii) any conditions relating to superannuation; and

c) the offer of employment by the person or organisation acquiring or recommencing the business, or the relevant part, is an offer to employ the employee in that business either:

i) in the same or very nearly the same capacity as that in which

the employee was employed; or ii) in a capacity that the employee is willing to accept.

7.4 Positions affected by the Review

7.4.1 These provisions will apply when the review process has determined that the Commissioner requires a reduction in the number of positions; or a significant change is required in the nature and/or content or location of the current positions.

7.4.2 Every existing position within the scope of the review will be compared to

positions in the new structure.

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7.4.3 Staff will either be reconfirmed into the same or similar position (clause 7.5) or will be deemed to be “Affected by Restructuring” (ABR).

7.4.4 All staff who are ABR are entitled to seek reassignment to suitable

positions in terms of clause 7.6. 7.4.5 Staff not placed by reassignment will be notified that they are surplus and

will be entitled to the options in clause 7.8. 7.4.6 Principles The parties agree that:

a) Emphasis will be on placing as many employees as possible, either by reconfirmation or by reassignment.

b) Reconfirmation indicates that the position has met the criteria in 7.5.1

below. As the terms / conditions of appointment of the incumbent have not been affected by the review, the incumbent is not entitled to seek reassignment or uplift the options in clause 7.9.

c) Employees in positions changed by restructuring are placed in a

difficult situation not of their own making and shall be given priority consideration for alternative positions at their current remuneration band or lower.

d) The Commissioner will generally not consider voluntary severance

for any employee until the prospects of reassignment and other options for that employee have been exhausted.

7.5 Reconfirmation

7.5.1 The criteria for reconfirmation shall be as follows:

a) The new position description is the same (or very nearly the same) as their current position description; and

b) The remuneration band for the new position is the same; and

c) The new position has terms and conditions of employment

(including career prospects) agreed with the Association which are no less favourable; and

d) The location of the new position is the same; (note: this need not

necessarily mean the same building and/or the same street). 7.5.2 Proposed reconfirmation will be advised to all employees within the

scope of the Review to enable them to assess whether they meet the criteria for reconfirmation. Current and proposed position descriptions will be available.

7.5.3 Where all the criteria above are met and there is one clear candidate for

the position, then the employee is to be reconfirmed in the position.

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7.5.4 In those situations where there is more than one incumbent who meets all the criteria outlined in 7.5.1 above, eg, in a downsizing situation where the number of positions is being reduced, the Commissioner will consult to reach agreement with the Association, and either

a) Agreement will be reached amongst the employees concerned on

who will take up the position. (The remainder will be entitled to seek reassignment); or

b) the position will be advertised to these employees only, with

appointment made as per the skills matching process for reassignment outlined in 7.6.3 and in the Policy for People and Restructuring applying at the time. Employees not appointed by this process will be entitled to seek reassignment to alternative positions.

7.5.5 In situations where:

an employee meets all the criteria in 7.5.1 above except location, and a vacancy(s) exists at another location for a position that is the same

or similar; and the position concerned involves significant police-specific training

and/or experience, and the employee has indicated a desire to be considered for positions in

another location then the employee, following consultation, may be reassigned

immediately to the position without the requirement for advertising a vacancy.

7.5.6 Where more than one employee meets the criteria in 7.5.5 above, the

procedure followed in 7.5.4 above will be applied. 7.6 Reassignment

7.6.1 All staff who have not been placed by reconfirmation will be formally notified they are deemed to be “affected by restructuring” (ABR) and are entitled for consideration for reassignment to new positions.

7.6.2 Reassignment: Guiding Principles

a) The objective of reassignment is to place as many employees as possible in positions by matching individual skills with positions which require similar skills.

b) This exercise may involve individuals undertaking some on-the-job

training or attending short “one-off” training courses (eg keyboard skills, supervisory skills). Such training needs will be identified prior to the individual being reassigned.

c) Staff who are ABR can apply for any vacancy at their current

remuneration band or lower and are entitled to receive priority consideration.

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d) Employees may be reassigned only to positions at their current remuneration band or positions at a lower remuneration band. Any appointment involving a position at a higher remuneration band must be applied for and gained on merit in the usual way.

e) An employee may be reassigned under this process only after they

have been consulted and any concerns about the appointment have been considered.

f) Employees who have unsuccessfully sought reassignment may raise

issues relating to the reassignment process with the General Manager Human Resources or nominee.

7.6.3 Procedure for establishing a skills match for Reassignment The procedure for skills matching will be agreed and set out in the Policy

for People and Restructuring applying at the time. 7.6.4 Provisions on reassignment to a position in a lower remuneration band Where an employee accepts reassignment to a new position at a lower

remuneration band, and the maximum of the remuneration band for the new position is greater than the current total remuneration of the individual, the employee will be entitled to translate to the new remuneration band at his / her current total remuneration. No equalisation allowance will apply and the employee will be entitled to progress to the maximum of the new band on the same basis as any other employee in that band.

Where an employee accepts reassignment to a new position at a lower

remuneration band and the maximum of the remuneration band for the new position is lower than the current total remuneration of the individual, an equalisation allowance will be paid to preserve the total remuneration of the employee at the rate paid in the old job at the time of reassignment. The remuneration can be preserved in the following ways: either

i) a lump sum representing the difference between current total

remuneration in the former position and the maximum for the new band, to make up for the loss of basic pay for the next two years (in this case, remuneration will drop to the new rate immediately; abating provisions will not apply to any subsequent remuneration increases) or

ii) an ongoing allowance equivalent to the difference between the maximum of the remuneration band for the new position, and the employee’s total remuneration in the former position. (This allowance is abated by any subsequent remuneration increases).

Note: except that where employees are within 5 years of their entitlement

to New Zealand Superannuation are appointed to a position carrying a lower remuneration, such employees will retain their present grade and remuneration unabated.

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7.7 Reassignment to a Different Location

7.7.1 Where an employee accepts reassignment to new job at a different location outside the local area, assistance with transfer expenses shall be provided on the basis that the employee should not suffer financial loss in respect of expenses incurred as a result of the move.

Note: these provisions apply in addition to s. 7.6.4 if the new position is

at a lower remuneration band. 7.7.2 Reassignment Outside the Local Area A decision will be made by the Commissioner on the provisions to be

applied in each particular case. A package from the range of items listed below may be selected. (The range of items is not exclusive and the level of compensation for an item may be varied).

a) Reimbursement of fares and accommodation expenses for the

journey to the new location. b) Assistance with living expenses for up to three months, but on a

decreasing basis for employees who move to the new location but whose dependants are still at the former location.

c) Reimbursement of accommodation expenses, initially for up to seven

days at the new location, with further assistance on a subsidised basis for up to a maximum of three months before permanent housing is available at the new location.

d) Reimbursement of land agent's commission and legal fees where the

employee sells their house and/or buys another house at the new location up to the maximum provided in 6.3.

e) A guarantee of the sale price for the employee's house at the former

location, on the basis of a registered valuer's valuation. (Note: This provision would be considered only as a last resort, in situations where the local housing market is at an absolute stand still, and management judges it to be essential that employee be transferred).

f) A variable grant for employees on moving to the new location up to a

maximum of the equivalent of one month's salary. g) A variable grant for employees after a predetermined number of

years at the new location, with a maximum grant up to the equivalent of three months salary, provided the grant does not exceed the equivalent of one month's salary for each year of the qualifying period.

h) Reimbursement of additional actual and reasonable childcare

expenses, including travel costs, for one year. Note: Items (f) and (h) replace the existing transfer grant and subsume

the minor reimbursing provisions (penalty mortgage interest, school

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uniforms, TV aerial, telephone connection, boarding pets provided for in Section 6.3).

7.7.3 Reassignment or Relocation within the Same Local Area The parties agree that the key principles underlying relocation provisions

within the same local area are:

a) That employees may be compensated as set out in this clause for additional costs arising from a management decision to relocate their positions.

b) Reasonable compensation may involve some time-limited transport

reimbursement or a reasonable lump sum payment or a combination of both.

c) That relocation situations vary as do individuals’ particular situations

in respect of both locations and individual staff members so it is not possible to establish a fixed formula to cover all situations.

d) As a general principle the Commissioner is not responsible for getting

members of Police to or from their place of work. 7.7.4 Relocation Expenses within Same Local Area Where extra travelling time one-way to the new place of work by public

transport is more than 30 minutes the provisions of section 7.7.2 apply provided the employee moves house to the new location and the additional travel time is less than 30 minutes one-way.

Where the new location involves additional one way travel time the

Commissioner and the Association will make every endeavour to resolve the relocation situation within the following parameters:

a) Recognition of additional transport costs for a period up to a

maximum of 18 months may be made in accordance with the following options –

i) Equivalent public transport reimbursement of extra costs travelling

to the new workplace, or ii) Motor Vehicle Allowance as per section 6.12.2 of this agreement

for additional travel required. iii) Other provisions as may be agreed between the parties in respect

of a particular situation.

For the purposes of calculation there are 230 working days in a year, and public transport = adult 2 way equivalent concession fare per day.

b) Employees may be given the choice of more than one option to

address their needs, however any mix should be limited to a reimbursement period of no more than 18 months.

c) Additional compensation may be considered on a case by case basis

where the relocation involves multiple public transport connections, additional childcare costs, parking etc.

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d) In the event that despite the best endeavours of all parties a

relocation situation cannot be resolved, the Commissioner will as a last resort consider the options in clause 7.9 to address the situation except where the person is reconfirmed and these options are not available.

Where employees are to be relocated at least 2 months (one month in

respect of employees appointed on or after 1 June 1993) notice shall be given to employees, provided that in any situation a lesser period of notice may be mutually agreed between the Association and the Commissioner where the circumstances warrant it (and agreement shall not be unreasonably withheld).

7.8 Notification of Surplus The Commissioner shall advise the National Secretary of the Police Association

the following information of all employees who are not placed by reconfirmation or reassignment:

name and location remuneration band position held last appointed position and current designation This advice shall provide two months or, in the respect of employees employed

on or after 1 June 1993 one month notice of the date that the surplus staff are required to be placed or released. Where circumstances warrant, this date may be varied with the agreement of the Commissioner and the Police Association. Additional information will be supplied on request to assist in resolving individual situations.

Staff members shall be notified of the options available to them and shall be

given two months or, in the respect of employees employed on or after 1 June 1993 one month notice of the date they are required to be placed or released. The options are set out below.

7.9 Options The following options will be available to staff members who have been declared

surplus ie, who have not been reconfirmed or reassigned: Retraining for a position within Police Severance Employees who have been notified that they are surplus will continue to be able

to apply for positions in Police and receive priority consideration for positions at their remuneration band or lower. Time off for job search and attending a CV writing course will also be available on a case by case basis and will not be unreasonably restrictive.

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7.10 Retraining

7.10.1 The Commissioner may offer staff the opportunity of retraining for internal Police positions where:

there are particular skill shortages the employee meets the minimum criteria for placement on these

training courses 7.10.2 Where re-training has been approved, it is anticipated that subject to the

successful completion of training, the employee will be placed in an ongoing position.

7.10.3 Should a situation arise where there are no longer any suitable positions

available when the training has been completed, then the employee will be entitled to apply for severance.

7.11 Severance a) Where an individual has been advised that they are surplus and they

elect to take severance, and a termination date has been mutually agreed on the individual ceasing service, payment will be made in accordance with 7.12 below.

b) For the purposes of these provisions, ordinary pay is defined as basic

taxable remuneration, plus regular taxable allowances paid on a continuous basis which either attract overtime or penal payments or are paid on an hourly basis for all hours worked or allowances in lieu thereof for those employees who work shift hours of work (eg Scale C).

c) Except in the case of employees on parental leave where ordinary pay

shall be the ordinary pay at the time of taking leave. d) Except also in the case of any employee whose service has included any

period(s) at less than full-time employment. In these instances the ordinary pay shall be based on the full-time equivalent salary applying at the time of severance pro-rated according to the average percentage employment over their pattern of entire service, and 'service' for the purposes of severance calculation in these circumstances shall be no more than the maximum of twenty years.

‘Ordinary pay’ for any employee who has worked less than full-time employment

at any time during their service will be based on their current full-time equivalent salary.

Part time service will be pro-rated to equivalent full-time service, based on the

example in clause 7.13(c) below. Total service, for the purposes of this calculation, shall not exceed a twenty (20)

calendar year period immediately prior to cessation. 7.12 Severance Provisions

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7.12.1 For existing employees employed with the Police prior to 1 June 1993

a) 4.165 percent of total ordinary pay for the preceding 12 months for one person (other than a dependant child) who is dependent on the employee and receives a gross annual income of less than the rate specified in clause 2.6.1(b).

b) 8.33 percent of total ordinary pay for the preceding 12 months for

each dependant child of the employee. Dependant Child means all children up to the age of 15 years and

all children between the ages of 15 and 18 years who are not: In paid employment; or In receipt of a state benefit; or In receipt of an independence circumstances grant or a

Student Allowance including those for whom employees are paying maintenance in terms of Work and Income New Zealand requirements and those for whom liable parent contributions are made. Where both parents are declared surplus only one parent can claim for dependant children. It is the employees’ choice as to which one claims.

These payments are regardless of length of service but are

conditional on employees finishing on an agreed date.

c) In addition to (a) and (b) above, employees will receive:

Note: For the purpose of this provision this means service in the State Services as determined in accordance with Clause 7.16.1 provided that service with the organisations listed in clause 7.16.2 shall also be recognised and provided that service may also be recognised in accordance with clause 7.16.3

Except that service will not be recognised if it ended with the

member accepting severance or enhanced early retirement under any restructuring/surplus staffing provisions of any departments of the Public Service, or Parliamentary Service or organisations listed in clause 7.16.2 and/or clause 7.16.3.

i) 25 percent of total ordinary pay for the first year of

continuous service, plus ii) 5 percent of total ordinary pay for each year of continuous

service minus one up to a maximum of 7 years, plus The maximum of seven years referred to above is the first

seven years of continuous service. For calculating severance this must be reduced by one year as the first year is recognised in (i) above. Therefore, the maximum number of years that can be multiplied by 5% is six.

iii) 4 percent of total ordinary pay for each year of continuous

service from year 8 to 14, plus

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iv) 3 percent of total ordinary pay for each year of continuous

service from year 15 to 20. Part years (months) are to be included in the calculation on

a pro-rata basis according to length of service. 7.12.2 For new employees employed with the Police on and from 1 June

1993

a) 10 percent of total ordinary pay for the preceding 12 months; b) 4.165 percent of total ordinary pay for the preceding 12 months

for one person (other than a dependant child) who is dependent on the employee and receives a gross annual income of less than the rate specified in clause 2.6.1(b);

c) 8.33 percent of total ordinary pay for the preceding 12 months for

each dependant child of the employee. Dependant Child: means all children up to the age of 15 years

and all children between the ages of 15 and 18 years who are not:

In paid employment; or In receipt of a state benefit; or In receipt of an independent circumstances grant or a Student

Allowance;

including those for whom employees are paying maintenance in terms of Work and Income New Zealand requirements and those of whom liable parent contributions are made. Where both parents are declared surplus only one parent can claim for dependant children. It is the employees choice as to which one claims.

These payments are regardless of length of service but are

conditional on employees finishing on an agreed date. d) In addition to (a), (b) and (c) above, employees with 12 months or

more continuous service will receive: Note: For the purpose of this provision this means service in the

State Services as determined in accordance with Clause 7.16.1 provided that service with the organisations listed in clause 7.16.2 shall also be recognised and provided that service may also be recognised in accordance with clause 7.16.3.

Except that service will not be recognised if it ended with the

member accepting severance or enhanced early retirement under any restructuring/surplus staffing provisions of any departments of the Public Service, or Parliamentary Service or organisations listed in clause 7.16.2 and/or clause 7.16.3.

i) 10 percent of total ordinary pay for the preceding 12 months;

and

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ii) 4 percent of total ordinary pay for the preceding 12 months multiplied by the number of years of continuous service minus one between 2 and 15; and

iii) 0.333 percent of total ordinary pay for the preceding of 12

months multiplied by the number of completed months in addition to completed years of continuous service provided total service is less than 16 years; and

iv) 5 percent of total ordinary pay for the preceding 12 months

multiplied by the number of years of continuous service between 16 and 19 years; and

v) 0.416 percent of total ordinary pay for the preceding 12

months multiplied by the number of completed months in addition to completed years of continuous service provided total service is between 16 and 20 years.

Note: The total amount paid to employees under this provisions of

7.12.2 above shall not exceed $58,610. 7.12.3 For new employees employed with the Police on and from 1 June

2001

a) 10 percent of total ordinary pay for the preceding 12 months; b) In addition to (a) above, employees with 12 months or more

continuous service will receive: Note: For the purpose of this provision this means service in the

State Services as determined in accordance with Clause 7.16.1 provided that service with the organisations listed in clause 7.16.2 shall also be recognised and provided that service may also be recognised in accordance with clause 7.16.3.

Except that service will not be recognised if it ended with the

member accepting severance or enhanced early retirement under any restructuring/surplus staffing provisions of any departments of the Public Service, or Parliamentary Service or organisations listed in clause 7.16.2 and/or clause 7.16.3.

i) 10 percent of total ordinary pay for the preceding 12 months;

and ii) 4 percent of total ordinary pay for the preceding 12 months

multiplied by the number of years of continuous service minus one between 2 and 15; and

iii) 0.333 percent of total ordinary pay for the preceding of 12

months multiplied by the number of completed months in addition to completed years of continuous service provided total service is less than 16 years; and

iv) 5 percent of total ordinary pay for the preceding 12 months

multiplied by the number of years of continuous service between 16 and 19 years; and

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v) 0.416 percent of total ordinary pay for the preceding 12

months multiplied by the number of completed months in addition to completed years of continuous service provided total service is between 16 and 20 years.

Note: The total amount paid to employees under the provisions of

7.12.3 above shall not exceed $58,610. 7.12.4 Warranted Traffic Officers

a) 10 percent of total ordinary pay for the preceding 12 months; b) 4.165 percent of total ordinary pay for the preceding 12 months

for one person (other than a dependant child) who is dependent on the employee and receives a gross annual income of less than the rate specified in clause 2.6.1.

c) 8.33 percent of total ordinary pay for the preceding 12 months for

each dependent child of the employee. Dependant Child means all children up to the age of 15 years and

all children between the ages of 15 and 18 years who are not:

In paid employment; or In receipt of a state benefit; or In receipt of an independence circumstances grant or a

Student Allowance; including those for whom employees are paying maintenance in

terms of Work and Income New Zealand requirements and those for whom liable parent contributions are made. Where both parents are declared surplus only one parent can claim for dependent children. It is the employees choice as to which one claims.

These payments are regardless of length of service but are

conditional on employees finishing on an agreed date. d) In addition to (a), (b) and (c) above, employees with 12 months or

more continuous service will receive: Note: For the purpose of this provision this means service in the

State Services as determined in accordance with Clause 7.16.1 provided that service with the organisations listed in clause 7.16.2 shall also be recognised and provided that service may also be recognised in accordance with clause 7.16.3.

Except that service will not be recognised if it ended with the

member accepting severance or enhanced early retirement under any restructuring/surplus staffing provisions of any departments of the Public Service, or Parliamentary Service or organisations listed in clause 7.16.2 and/or clause 7.16.3.

i) 7 percent of total ordinary pay for the preceding 12 months;

and

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ii) 5 percent of total ordinary pay for the preceding 12 months

multiplied by the number of years of continuous service minus one, up to a maximum of 19; and

iii) 0.416 percent of total ordinary pay for the preceding 12

months multiplied by the number of completed months in addition to completed years of continuous service, provided total service is less than 20 years.

NB: Provided, that the total amount paid to the employee under

the above provisions of 7.12.4 shall not exceed $59,395.

7.13 Cessation Leave

Service for cessation leave shall be calculated in accordance with clause 7.16.2 of these provisions. Employees employed after 1 July 2003 will be eligible for half of the benefit in 7.13.2 to a maximum of 65 days.

7.13.1 Cessation leave will be paid as per their entitlement in 7.13.2:

• LESS any long service leave granted from 1 January 2009 AND • LESS any anticipated retirement leave.

7.13.2 Cessation Leave for Employees With Less Than 20 Years Service

a) Qualification Required Amount of Cessation Leave Completion of 15 years service 65 working days Completion of 10 and under 15 years' service 44 working days Completion of 5 and under 10 years' service 22 working days Under 5 years service NIL

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b) Cessation Leave for Employees With 20 Years Or More Service

Months 0 2 4 6 8 10 Years 20-24

65

25 65 66 66 67 68 69 26 69 70 71 71 72 73 27 74 74 75 76 76 77 28 78 79 79 80 81 81 29 82 83 84 84 85 86 30 86 87 88 89 89 90 31 91 91 92 93 94 94 32 95 96 96 97 98 99 33 *99 100 101 101 102 103 34 104 104 105 106 106 107 35 108 109 109 110 111 111 36 112 113 114 114 115 116 37 116 117 118 119 119 120 38 121 121 122 123 124 125 39 125 126 126 127 128 129 40 131 days

c) Provided that where an employee has part-time service this will be pro-rated for the purpose of calculating cessation leave. The service shall be calculated on the following basis:

Example only: i) 10 years @ 100% = 10 x 365 days = 3650 days 4 years @ 50% = 4 x 182.5 days = 730 days Total 4380 days ii) 4380 days ÷ 365 days = 12 years equivalent full-time service

for cessation leave payment purposes iii) The pro-rated entitlement of cessation leave will be paid at

the full-time equivalent salary rate. d) Outstanding Annual Leave and Long Service Leave may be

separately cashed up. 7.14 Housing Where employees occupy Police provided housing they will not be required to

immediately vacate the house. The arrangements for vacating housing will need to be specific to each situation and will be decided at the time they arise.

In cases where employees are located in isolated areas provision may be made

for reasonable expenses to compensate for costs of removal to the nearest main centre.

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7.15 Counselling Counselling for affected employees and family will be made available as

necessary. (Taxation questions should be addressed to the Inland Revenue Department.

Superannuation questions should be addressed to GSF or PSS). 7.16 Service Recognition

7.16.1 The Commissioner shall recognise service with departments of the Public Service and with the Parliamentary Service as continuous service, provided that the employee joined the Police within one month of leaving the service of the other organisation.

7.16.2 Commissioner shall recognise previous service with Crown agencies

established to undertake the functions previously undertaken by departments of state and with the organisations listed below provided that the employee joined the Police within one month of leaving his/her previous employer.

Post Office (prior to 1.4.87) NZ Railways Corporation (prior to 10.11.87) Regular Defence Force Service in the NZ Defence Force Hospital Board and Area Health Board Service Teaching Service (except university teaching) Non-teaching service with Education Boards, secondary schools and Tertiary education institutes Broadcasting Corporation of NZ (prior to 1.7.89) Fire Service Commission Parliamentary Counsel Office National Research Advisory Council Post Graduate Research Fellowships New Zealand Police (Constabulary and Police Employees) Security Intelligence Service Office of the Ombudsman Royal NZ Foundation for the Blind Accident Compensation Corporation Agricultural Pest Destruction Council Commission for the Future Consumers Institute Human Rights Commission Office of the Race Relations Conciliator Plunket Society (nursing service only) Prisoners' Aid and Rehabilitation Society Rehabilitation League NZ (Inc) Veterinary Clubs (veterinary surgeon service only) Parliamentary Commission for the Environment Government Communications Security Bureau Transit NZ

Note: Crown agency means an entity over which the Crown is able to

exercise control as a result of:

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a) Its ownership of a majority of the shares of the entity; or b) Its power to appoint a majority of the members of the governing

body of the entity; or c) Significant financial interdependence, but does not include a State

enterprise listed in the First Schedule to the State Owned Enterprises Act 1986.

7.16.3 The Commissioner may recognise previous service with the

organisations such as those listed below provided that the service is 'like for like' and of definite value to the position to which the employee is recruited in the NZ Police and that the employee is recruited direct and joins the NZ Police within one month of ceasing previous employment: a) New Zealand Government Corporations and other public bodies,

including New Zealand universities. b) Local authorities. c) The Armed Forces Canteen Council. d) Service with the NZ Police Association/NZ Public Service

Association Inc.

7.16.4 For the purpose of cessation leave the Commissioner: a) Will recognise service with the NZ Police, departments of the

Public Service and the Parliamentary Service. b) May recognise service with the following organisations: Post Office (Prior to 1.4.87) NZ Railways Corporation (prior to 10.11.87) Hospital Board Service and Area Health Boards Non-teaching service within Education Boards, secondary

schools, tertiary education institution Broadcasting Corporation of NZ (prior to 1.7.89) Fire Service Commission Parliamentary Counsel Office Security Intelligence Service Office of the Ombudsman Royal NZ Foundation for the Blind Accident Compensation Corporation National Research Advisory Council (NRAC) Post-graduate Fellowships provided that the Fellow is

appointed to the Public Service on completion on NRAC service; and

Regular Service with the New Zealand Defence Forces; and Service with other instruments of the Crown; and Those organisations listed in clause 7.16.02. Provided that all resigning leave, retiring leave, marriage leave,

and also "release leave" granted to Regular Defence Force personnel, paid in respect of any period of previous service, is to be deducted from the cessation leave due.

c) Provided that where a employee has part-time service this will be

pro-rated for the purpose of calculating cessation leave.

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Section 8: Specific Conditions The applicability of the following specific conditions shall be determined by the

employees' duties and the appropriate criteria. 8.1 Dirty Work Allowance for Storekeepers, Engineering Technicians, Tradespersons and Employees Performing General Servicing Duties Where the officer in charge decides that any work being performed is “dirty

work”, the employee engaged on such work shall be paid an allowance. This allowance shall apply only where conditions are more injurious to clothing or are dirtier than conditions normally encountered in a particular occupation: $0.36 per hour, with minimum of $2.77 per day

8.2 Daily Travelling Time for Drivers, Engineering Technicians,

Tradespersons, and Employees Performing General Servicing Duties Outside Normal Hours of Duty: All daily travelling time from depot or the usual place of employment to job and

return shall be paid at the appropriate rate, ie as overtime. Within Normal Hours of Duty: All daily travelling time within normal hours of duty shall be regarded as time

worked. 8.3 Annual Leave for Journalists Journalists employed prior to 1 January 2009 who complete seven years service

before the end of a leave year may be granted five weeks annual leave in that and succeeding leave years. Accordingly, clause 4.9.3 applies in respect of the Long Service Leave.

Journalists employed before 1 January 2009 will have the opportunity to elect

either their current leave (annual leave, Commissioner’s days, and retirement leave) entitlements (i.e. without Long Service Leave) or the 2008-2009 annual leave and long service leave entitlements from 1 January 2009 as per section 4 of this agreement. Journalists employed after 1 January 2009 will be entitled to Long Service and Annual Leave provisions as per section 4 of this Agreement.

8.4 Tool Allowances for Engineering Technicians a) An allowance at the rate of $237.30 per annum shall be payable to an

employee who possesses, uses and maintains enough privately owned tools to carry out all phases of their work efficiently. The allowance shall be payable only if the employee uses their tools for at least half their normal working hours.

b) Advance of Tool Allowance Telecommunications cadets shall be paid once only an advance of the

annual tool allowance prior to commencing their apprenticeship in order to procure the tools of trade.

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8.5 Tool Allowance for Tradespersons An employee, provided they privately own sufficient tools of trade efficiently to

carry out all phases of their work and use them at least 50% of their work time, shall be paid a tool allowance for each hour worked including overtime at the following rates:

Carpenters $709.77 pa Motor Mechanics $481.31 pa 8.6 Work in Wet Places or in Arduous Conditions (Engineering

Technicians and Tradespersons) When working in an area designated by the Officer in Charge as a "wet place";

or; working in heavy rain, snow, gales or night work under conditions which the Officer in Charge considers particularly arduous, six hours shall be deemed to be a working day. Any time worked in excess of six hours will qualify for overtime. The rate for "wet place" overtime shall be computed on the ordinary "wet place" rate of time and one third, ie:

a) Time and one half rate = T1 1/2 x T1 1/3 = T2 b) Double time rate = T2 x T1 1/3 = T2 2/3 When both dry and "wet place" conditions are met in the same day, the "wet

place" hours shall be increased by one third and the dry hours shall be added to the result. For the purpose of computing payment, the total obtained shall then be treated as normal hours worked, and overtime shall be paid after eight hours so computed.

Employees working in a "wet place" who have become wet at their work shall be

deemed to be working in a "wet place" for the remainder of the day (or until they have had the opportunity to change their clothes) even though the work has subsequently been declared dry.

8.7 Motorways Support Officers

8.7.1 Standby Allowance Officers shall be paid an allowance of $176.94 per annum. 8.7.2 Physical Fitness Test All employees appointed after 1 April 1997 as Motorways Support

Officers are required to have and maintain a level of fitness to enable them at regular intervals to complete the physical fitness test applicable to their position.

8.8 Welfare Officers (Police Employee)

8.8.1 Time Off In Lieu of Overtime (TOIL)

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An allowance in lieu of overtime was incorporated into the salary remuneration of some existing Welfare Officers on translation to total remuneration at band G. Any authorised overtime worked beyond five hours per week will be eligible for equivalent time off in lieu.

For new staff appointed since translation to total remuneration, and some

translated staff by agreement, normal TOIL provisions apply for equivalent time off in lieu on an hour for hour basis, as under clause 3.5.4.

8.8.2 Welfare Officers Expense/Standby Allowance An allowance in lieu of daily out of pocket expenses, and standby

payments, shall be paid to Police Employee welfare officers at the rate of $920.69 per annum.

8.9 Warranted Traffic Officers (WTO) (Police Employee)

8.9.1 Driver Licence All WTOs shall hold a current driver licence appropriate to their duties. 8.9.2 Hours of Work and Related Provisions The provisions of Section 3 apply, except as stated otherwise. 8.9.3 Scale B Shift Provisions

a) Normal hours of shift shall be eight hours per day and an average of 40 hours per week on a roster cycle that shall include on average at least two days off per week over the roster cycle as prescribed in rosters approved by the District Commander. By agreement only, WTOs may work their rostered shifts in split periods of non continuous duty.

b) Alternatively, Scale B shift WTOs may work contingent rosters which

provide for 24 hour staffing in the following terms:

i) rostered shifts shall be no less than 6 and no more than 10 hours in length with one meal break.

ii) split shifts may be rostered with the negotiated consent of both parties.

iii) an average of 40 hours per week is to be worked over the roster cycle.

iv) as a general principle, an average minimum of 4 rest days (days off) are to be rostered in each fortnight over the roster cycle with at least 2 of those rest days being consecutive.

v) as a general principle, staff should be advised of the roster cycle at least one cycle in advance, with notice of shift start time to be a minimum of 14 days, except for special policing requirements.

vi) notwithstanding the 9 hour minimum break provision in clause 8.9.5(a), as a general principle for formulating rosters, supervisors should allow, wherever practicable, a minimum break between

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shifts of 10 hours and, where possible, this should be increased to 12 hours.

c) The following consultation provisions apply to the implementation of

a roster under clause 8.9.3(b):

i) In making a decision on whether or not to implement any proposed roster under clause 8.9.3(b) the District Commander shall take into account the service delivery requirements of the community or communities to be served; the needs of staff; the requirements of the Police Strategic and Corporate Plans; and the management and administrative implications.

ii) Before making a decision on whether or not to implement any proposed roster under clause 8.9.3(b) the District Commander shall include consideration of the submissions and recommendation of the District Commander; any local Rosters Committee(s); and the Association.

iii) Before proceeding with implementation of a roster under clause 8.9.3(b) the District Commander is to ensure staff understand that service performance will be closely monitored and changes will be made to rosters where deemed necessary, provided that where practicable, the submissions of staff and the Association will be taken into consideration before a decision to discontinue a roster is made.

iv) Subject to paragraphs (i) and (ii) above, the District Commander’s decision on whether or not any proposed roster is implemented, or any roster is continued or discontinued, is final.

v) All staff affected by any proposed roster, and this will include staff not working the roster, are to be consulted prior to implementation. Where staff raise objections to any proposed roster, the District Commander will assess the merits of those objections before making a decision on whether or not to proceed with the proposed roster.

d) All WTOs in Scale B positions are recognised as having to take their

meal when possible as operational demands dictate. In recognition of this reality, their period of duty includes a 30 minute paid meal break.

e) When changes to the published rosters involve the cancellation or

deferment of previously rostered days off, the rostering provisions of clause 8.9.04(c) are to be complied with and the days off so affected are to be immediately re-rostered and taken within the roster cycle, or, if the situation arises in the last week of a roster cycle, within the immediately following roster cycle. Time worked on previously rostered days off is therefore not overtime. Where the cancelled rostered day/s off is a Saturday and/or a Sunday, every attempt should be made for the deferred day off to be rostered on a Saturday and/or Sunday.

f) All positions shall be Scale B positions except those specifically

designated as Scale A positions by the District Commander. g) Scale B prescribes the hours of duty for those WTOs who work

outside normal office hours, basically frontline Police personnel. WTOs in this position are recognised as having to take their meal

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when possible as operational demands dictate. In recognition of this reality, their period of duty includes a paid meal break.

h) This provision also prescribes that the normal daily period of duty for

such Scale B positions is an eight hour shift and the average amount of ordinary time a WTO can be required to work in a week is 40 hours. However, in the case of roster cycle, it is possible within reasonable limits to vary weekly hours so WTOs work seven shifts a week provided that, within a roster cycle, WTOs must be given an average of two days off per week.

8.9.4 Notice

a) Notice of normal duty rosters and shift rotation shall be given to the staff concerned at least 14 days before the first duty day to which the roster applies provided also that rosters for special operations shall be given to the employees concerned not less than seven days in advance of the duty required to be performed. However, prior to the commencement of duty, rosters may be varied to meet an emergency situation that could not have been reasonably foreseen.

Note: This paragraph applies to both Scale A and Scale B

WTOs. The compilation of rosters for special operations must observe the sworn Conditions of Work Agreement (see Special Operations) unless the emergency nature of the special operation renders full or part observance impossible.

b) WTOs may change shifts one with another, provided that they first

obtain the approval of their supervisors. In this case, time worked by the exchange or substitute WTO shall be recorded as the working time of the employee rostered on duty and any working time penalty payment accruing shall be determined in relation to the working time and earnings entitlements of the employee on duty for payment to him or her and not to the WTO who worked on his or her behalf.

8.9.5 Special Operations

a) Special operations are operations which are planned to meet a particular event and which involve the re-rostering of WTOs. Except to the extent that they are affected by unforeseeable circumstances, special operations are not exempt from the general conditions of work detailed in this contract.

b) Special operations do not include scheduled court appearances or

emergency call backs. 8.9.6 Breaks Scale B WTOs shall be allotted a crib meal break not exceeding 30

minutes to be taken as far as possible in the middle of their duty period. The crib meal time shall count as the worked whether or not the meal is also accompanied by a break from duty. The comprehensive salary received is deemed to include payment for any crib meal additional penal payments normally incurred.

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In addition to a meal break, a WTO on any scale shall be allowed two separate and reasonably spaced rest breaks of ten minutes each.

8.9.7 a) Travelling Time

When travel direct between home and a temporary place of duty is an essential requirement for performance of official duties, and this travelling time exceeds the normal travelling time between home and the regular station, such excess shall be credited at the appropriate rate (as overtime if outside the normal hours of duty or as time worked within the normal hours of duty).

b) Travel on Official Business When travel on official business is unavoidably required on a

rostered off-duty day or a statutory holiday which would be observed as an off-duty day by the WTO concerned equivalent time off duty for time occupied with travel up to a minimum of eight hours shall be granted by designated "approval" officers.

8.9.8 Overtime and Penal Time

a) "Overtime" is time worked as provided for in the standard clause 3.4.1.

Payment shall not be affected by time off in lieu for work on a

statutory holiday. For the purposes of this section a "fortnight" shall mean the 14 days

commencing midnight Sunday/Monday following a pay day. Note: i) Overtime incurred through not taking the nine hour break is not

counted as overtime for the purpose of this entitlement. ii) These provisions were reviewed following translation of these

WTOs into appropriate total remuneration bands, and the normal limits on payment of overtime now apply, ie, band G and above position holders are not entitled to overtime payments as this is incorporated into the remuneration for these bands. This change will take place as each employee has their individual translation consulted and confirmed.

b) "Penal Time" is time (other than overtime) worked within a 40-hour

week on a Saturday, Sunday or statutory holiday. The standard provisions of clause 3.4.1 apply.

c) Time Off in Lieu of Overtime (TOIL) Equivalent time off may be granted to WTOs up to and including

band F on the basis of one hour off for one hour worked, by mutual agreement between the Commissioner and the WTO.

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WTOs in remuneration band G and above will be entitled to apply for compensatory time off (TOIL) for all overtime in excess of five hours per week. TOIL will accrue on an hour for hour basis.

8.9.9 Call Back Specific Provisions : Scale B (rostered) WTOs

i) Minimum Payment for Recall Duty or Call-outs

I) A minimum overtime period of two hours shall be paid for each call-out duty performed on a rostered duty day.

II) When the call-out or recall occurs on a rostered day off or statutory holiday, this minimum shall increase to three hours.

III) Should two or more recalls or call-outs occur, payment shall be for the full minimum period for the first duty with any time exceeding the minimum period being paid as actual time worked.

IV) Where overtime or call-out duty overlaps, the rostered hours of work on the following ordinary shift the rate of payment for the balance of the minimum call-out duty shall be reduced to T1 and shall be paid in addition to normal salary.

V) If overtime worked as a call back (excluding duty which overlaps the rostered hours of work on the following ordinary shift) is less than the minimum payment period prescribed in I and II above the rate of payment for the balance of the minimum period will be that which would have applied if the entire minimum period had been worked.

ii) Overtime Worked as Recall/Call-out Duty on an Off Duty Day Payment at the appropriate rate according to the time of working for

the first three hours and at double time (T2) rate thereafter. iii) Overtime Worked as Call Back within the Off-Duty Period Between

Consecutive Shifts Payment at the rate applicable to the time worked until the recall

overtime plus total time worked in the preceding shift, whether contained in the same or preceding day or week, equals the total of 11 hours working time, after which payment shall be increased to T2 rate.

8.9.10 Minimum Break Between Spells of Duty Specific Provisions for Scale B (rostered) WTOs:

Wherever practicable, no WTO shall be required to perform unbroken work.

The minimum rostered off duty period between the finishing time for any shift and the commencing time for the following shift shall be 10 hours.

If extended duty or any call back duty is worked then not less than a nine hour break shall be allowed between the finishing time of one shift and the commencement of another shift.

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Only in cases involving imminent danger to life or property shall a minimum break of less than six hours be allowed.

The penalty prescribed (overtime rates) in clause 3.7.4 shall not apply.

8.9.11 Limits on Payment for Overtime These provisions were reviewed following translation of WTOS into

appropriate total remuneration bands, and the normal limits on payment of overtime now apply, ie, band G and above position holders are not entitled to overtime payments as this is incorporated into the remuneration for these bands. This change will take place as each WTO affected has their individual translation consulted and confirmed.

8.9.12 Garage Allowance A WTO who has approval to use his/her garage to accommodate a Police

motor vehicle shall be paid a garage allowance of $4.17 per month. 8.9.13 Uniforms and Equipment

a) Uniforms shall be issued in accordance with standard Police provisions for Scale of Uniform issue as laid down from time to time in the Police General Instructions U21, Annex 1.

b) The exception to this is that the supply of shoes shall be replaced on

a fair wear and tear basis. 8.9.14 Dry Cleaning of Uniforms When a WTO is required to wear a uniform as part of his/her work, the

uniform is to be dry cleaned by the Police at Police expense. The items of uniform to be dry cleaned and the number of occasions upon which these items may be dry cleaned are to be determined by the Police and advised to the WTOs concerned. General Instruction U40/U41 presently authorises up to three individual items per month.

8.10 Authorised Officers With effect from 1 October 2008, these staff will hold specific powers under

section 24(1) (a) or (b) of the Policing Act 2008, enabling the Commissioner to authorise them to carry out specific roles such as Jailers and Escorts.

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SECTION 9: GENERAL PROVISIONS 9.1 Sexual Harassment Sexual harassment is verbal or physical behaviour or visual material of a sexual

nature which is unwanted by the receiver and is repeated OR of a significant nature. It has a detrimental effect on the recipient and affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below:

Type of Behaviour a) i) sex-orientated jibes or abuse; ii) offensive gestures or comments; iii) unwanted and deliberate physical contact; iv) requests for sexual intercourse, including implied or overt

promises of preferential treatment or threats concerning present or future employment status;

v) the use of pictures/posters or electronic messages of a sexual or intimate nature;

vi) persistent and unwelcome social invitations, phone calls or mail; or

vii) obscene phone calls. Where it may occur b) i) among co-workers; ii) where a supervisor uses position and authority to take sexual

advantage of another employee or to control or affect the career, salary or job of that employee;

iii) in dealing with members of the public. Responsibilities for Supervisors and Complainants when dealing with

Sexual Harassment a) (i) It is the responsibility of the Commissioner to maintain a work

environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant;

ii) Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted.

b) Managers and supervisors are responsible for dealing with any sexual

harassment of which they become aware. Sexual harassment complaints must be taken seriously and handled with

sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace.

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Note: The full policy and procedures are detailed in the Sexual Harassment Policy approved and issued by the Commissioner.

9.2 Eye Conservation

9.2.1 Where in the opinion of the Commissioner: a) an employee is working in an "eye danger" area, that is, where work

is liable to cause danger to the eyes - the employee is to receive a personal issue of standard neutral safety glasses;

b) an employee who ordinarily wears optical glasses at work, is

occasionally engaged on work in any "eye" danger area, the employee shall be supplied for the time engaged on such work, with specially hardened neutral "clip on" type safety glasses to be worn over normal glasses;

c) an employee who normally wears optical glasses at work is

required to work constantly, or for most of the time, in an "eye danger" area, the employee is to be fitted by an optometrist with a pair of specially hardened optically correct lenses, fitted in a safety frame, at Police expense;

d) an employee in an "eye danger" area who has been issued with

neutral safety glasses which the employee is required to wear constantly or for most of the time, is found to have a refractive error the employee shall be fitted by an optometrist with a pair of specifically hardened optically correct lenses, fitted in a safety frame, at the expense of the Police.

9. 2.2 Where there is any doubt about any of these matters the local Area

Health Board shall be called to advise. 9. 2.3 In the cases of (a) and (b) the glasses are to be issued on permanent

loan to the employee but to remain the property of the Police. In the cases of (c) and (d) the glasses are to become the property of the employee.

9.3 Keyboard Provisions

9.3.1 Eye Tests Employees who are engaged on VDU duties for at least 50 percent of

their normal working time shall be entitled to an eye test at Police expense. Prior notice must be given to the employee's Controlling Officer before any appointment is made. If the test discloses that prescription spectacles are required for the normal viewing distance of a VDU, or that an eyesight problem has been created or worsened by VDU then the cost of single vision spectacles will be met by the Police up to a maximum of $310.57; or, in the case of bi-multifocal spectacles, up to a maximum of $405.59.

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9.3.2 The provisions of the Code of Practice for the Safe Use of VDU’s issued by the Department of Labour shall be observed. In particular, it should be noted that employees who work continuously at keyboards will be provided with relief by variations in work, or by regular spells of 10 minutes in every hour.

9.3.3 Pregnant VDU Operators While current scientific evidence supports the view that there are no

adverse health effects or associated risks for pregnant women, the Police will make every effort to accommodate requests for alternative duties during the period of pregnancy. Employees who are temporarily redeployed for this reason should not be disadvantaged in relation to either salary or conditions of employment.

9.4 Annual Practising Fees The Commissioner shall approve payment of admission fees, registration and

annual practising fees where the qualification or holding of a practising certificate is necessary to enable the employee to carry out his/her duties fully.

9.5 Study Assistance

9.5.1 The Commissioner may approve study leave to enable employees to undertake a course of study to complete qualifications, to attend courses and seminars and to undertake research or projects which are relevant to the work of their departments and which facilitate their wider growth and development.

9. 5.2 The Commissioner may, on such conditions as he/she may decide, grant,

for such approved study leave, leave with or without pay, travelling time between the usual place of employment and the learning institution, the reimbursement of study related costs eg tuition and examination fees where the course of study is successfully completed.

9.5.3 Approval may also be granted, on such conditions as the Commissioner

may decide, for leave to sit examinations and for study leave prior to such examinations.

9.5.4 Study awards may also be granted to enable employees to undertake full

time university study for recruitment and staff development purposes. Such awards may include the payment of full or part salary, study related expenses, transfer expenses and standard leave entitlements.

9.6 Employee Assistance Programme During the currency of this Agreement the parties commit themselves to the

continuation of an Employee Assistance Programme based on the following statement of principle:

"It is in the best interests of the employer and the employee that a person with

impaired work performance should receive early assistance and at the same

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time be assured that receiving such assistance will in no way be detrimental to their career. Should it be established that any work performance has been adversely affected by health-related problems, the following will apply:

a) Any scheme introduced will be available on a voluntary basis to all

employees of the Police at all levels. b) With the exception of administrative requirements (eg leave records and

medical certificates, etc) all discussions and records will remain confidential. There will be no record placed on the personal file of the employee concerned.

c) Those participating will be referred by trained Interviewing Officers to

appropriate professional personnel for diagnosis, referred treatment, and/or counselling. Consideration will be given to meeting costs associated with the referral and subsequent assistance under the scheme.

d) The employee's entitlement in respect of approved sick leave will apply to

any absences related to assistance the employee is receiving under the scheme.

e) Entry into the scheme and participation will not adversely affect the

employee's future promotional opportunities and no employee will be penalised for having sought assistance with personal problems.

f) Security of employment will be maintained for all those participating in

and completing a course of treatment. g) Self-referral by an employee will be encouraged and will carry with it the

above undertakings. h) Where a member of the employee's family has a personal problem and

this results in impaired work performance on the part of the employee, use of the scheme will be available to the employee. The employer will not, however, intrude into an employee's private life.

9.7 Health and Safety

9.7.1 The parties agree that consistent with the requirements of establishing and maintaining " good and safe working conditions" the parties shall observe the provisions of the Health and Safety in Employment Act 1992.

9.7.2 Siting and use of Photocopiers Minimum requirements: a) access/ventilation space required on all sides of unit; b) office workers shall not be seated within four metres of the machine; c) the machine should not in any circumstances be sited in a room of

volume less than 4.5 cubic metres; d) large machines are to be located in a separate room specifically for

the purpose with adequate mechanical ventilation.

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e) where photocopiers are located in open plan offices every effort shall be made to minimise excessive heat and noise.

9.8 Access to Personal Information Employees have access to personal information relating to their employment in

accordance with the provisions of the Official Information Act 1982 and the Privacy Act 1993.

9.9 Certificate of Service Employees leaving the Police may be issued at their own request with a

Certificate of Service which lists the positions the employee has held but which does not express any judgement on the performance of duties.

9.10 Employee's Organisation Deductions The Police undertakes to provide for the continued collection of Employee's

Organisation subscriptions by automatic deduction from wages/salaries, when authorised in writing by members, retaining an administration fee to cover expenses or as otherwise agreed.

9.11 Superannuation

Employees may contribute to the Government Superannuation Scheme pursuant to the Government Superannuation Fund Act 1956, the Police Superannuation Scheme, the State Sector Retirement Savings Scheme, or KiwiSaver in accordance with the relevant Trust Deeds and legislation.

9.12 Industrial Democracy

9.12.1 Consultation a) The Police recognises the right of employees to join and be

represented by the Association, and the right of the Association to consult and inform members in the workplace.

b) The Association recognises the right of management to plan, manage, organise and finally decide on the operations and policies of the Police.

c) The Police and the Association recognise the mutual interest that the Police and the Association have in maintaining productivity in the Police and the contribution that the parties jointly can make to ensuring this. It is recognised that an effective communication structure contributes to this end.

d) A joint consultative committee may be established with the agreement of both parties to examine employment and workplace related issues.

The aim of the consultative committee will be to reach agreement and

make recommendations to the Commissioner.

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9.13 Conducting Employees' Organisation Business

9.13.1 Right of Entry for Association Officials Paid officials or officials who are duly authorised by the National

Secretary of the Association are entitled to have access to Police workplaces for:

a) purposes related to the employment of its members; or b) purposes related to the Association’s business; or c) both. The purposes related to the employment of the Association members

include – a) to participate in bargaining for a collective agreement: b) to deal with matters concerning the health and safety of Association

members: c) to monitor compliance with the operation of the collective agreement: d) to monitor compliance with this Act and other Acts dealing with

employment-related rights in relation to Association members: e) to seek compliance with relevant requirements in any case where

non-compliance is detected. The purposes related to the Association’s business include – a) to discuss Association business with Association members; b) to seek to recruit employees as Association members: c) to provide information on the Association and Association

membership to any employee on the premises. Subject to the following prerequisites: h) Reasonable notice will be given to the employer in writing of the

Association's intention to visit a worksite. i) Entry must be at a reasonable time, when employees are working on

the premises. j) The Association representative must produce identification and

authority to represent the Association when first entering the premises and at any time when asked.

k) If after entering the premises the Association’s representative cannot find the employer or representative leave on those premises a written notice to the employer giving:

i) their identity ii) position with the Employee's Organisation iii) date and time of entry iv) reason for entry

l) When entering premises Employee's Organisation representatives

must comply with health, safety and security requirements.

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9.13.2 Paid Employee Organisation Meeting a) Association members are entitled to attend, on ordinary pay at least

two Employee's Organisation meetings, each of a maximum of two hours duration in each calendar year.

b) The Association shall give local management at least 14 days notice of the date and time of any Employee's Organisation meeting to which clause subclause (a) of this section is to apply.

c) The Association shall make arrangements with the employer for the employer's operation to continue.

d) Paid leave to attend meetings only applies to Association members who actually attend such meetings and would have been otherwise working.

e) The Association shall supply local management with a list of names of Association members who attended the meeting and the duration of the meeting.

f) Work must resume as soon as practicable after the meeting, but, in any case, the police is not obliged to pay any Association member for a period longer than 2 hours in respect of any meeting.

In addition, workplace briefings may be held by mutual agreement

between management and the Association.

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SECTION 10: RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS

If the employment relationship is to be as successful as possible, it is important that the Employer and Employee deal effectively with any problems that may arise. This procedure sets out information on how problems can be raised and worked through.

10.1 What is an employment relationship problem?

It can be anything that harms or may harm the employment relationship, other than problems relating to setting the terms and conditions of employment.

10.2 Clarify the problem

If either the Employer or Employee feels that there may be a problem in the employment relationship, the first step is to check the facts and make sure there really is a problem, and not simply a misunderstanding.

Either party might want to discuss a situation with someone else to clarify whether a problem exists, but in doing so they should take care to respect the privacy of other Employees and managers, and to protect confidential information belonging to the Employer. For example, the Employee could seek information from:

• friends and family • the Employment Relations Info-line on 0800 800 863 or on its website at

www.ers.dol.govt.nz • pamphlets/fact sheets from the Employment Relations Service • their union (if they are a union member), a lawyer, a community law centre or an

employment relations consultant.

10.3 Discuss the problem

If either party considers that there is a problem, it should be raised as soon as possible. This can be done in writing or verbally. Provided the Employee feels comfortable doing so, they should ordinarily raise the problem with their direct manager. Otherwise the problem can be raised with another appropriate manager. A meeting will usually then be arranged where the problem can be discussed. The Employee should feel free to bring a support person with them to the meeting if they wish. The parties will then try to establish the facts of the problem and discuss possible solutions.

10.4 The Next Steps

If the parties are not able to resolve the problem by talking to each other, a number of options exist:

• Either party can contact the Employment Relations Infoline, who can provide

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information and/or refer the parties to mediation. • Depending on the nature of the problem, the issues involved may also be ones

that the Labour Inspectors employed by the Department of Labour can assist with, i.e. minimum statutory entitlements such as holiday, leave or wages provision.

• Either party can take part in mediation provided by the Employment Relations Service (or the parties can agree to get an independent mediator).

• If the parties reach agreement, a mediator provided by the Employment Relations Service can sign the agreed settlement, which will then be binding on the parties.

• The parties can both agree to have the mediator provided by the ERS decide the problem, in which case that decision will be binding;

• If mediation does not resolve the problem, either party can refer the problem to the Employment Relations Authority for investigation.

• The Authority can direct the parties to mediation, or can investigate the problem and issue a determination.

• If one or other of the parties is not happy with the Authority's determination, they can refer the problem to the Employment Court.

• In limited cases, there is a right to appeal a decision of the Employment Court to the Court of Appeal.

10.5 Personal Grievances

If the problem is a personal grievance, then the Employee must raise it within 90 days of when the facts that give rise to the grievance occur or come to their attention. A personal grievance can only be raised outside this time frame with the agreement of the Employer or in exceptional circumstances.

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Signatories to the New Zealand Police/New Zealand Police Association and New

Zealand Public Service Association Inc Collective Employment Agreement 2009-2010.

Dated at WELLINGTON this day of 2009 FOR AND ON BEHALF OF New Zealand Police _______________________________ Wayne Annan : General Manager : Human Resources FOR AND ON BEHALF OF New Zealand Police Association _______________________________ Greg Fleming Association Advocate FOR AND ON BEHALF OF New Zealand Public Service Association Inc _______________________________ Dean Chandler-Mills Association Organiser

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Memoranda to Agreement Housing The parties have developed a Memorandum of Understanding on the review of housing policy and entitlements for rural and small stations recognising that Police need to be consistent and fair. Transfer Provisions In addition to the transfer provisions in the Agreements there are some provisions contained in various General Instructions. The parties agree to collate all existing and transfer provisions and provide as accessible list and location to make them readily accessible to members. In addition, provisions relating to appointment to off-shore islands (Chathams, Great Barrier, Stewart, and Waiheke) will be amended if necessary to ensure members are entitled to be transported back to the mainland if they leave Police while serving on one these islands. Policy for Overseas Deployments The parties agree to examine existing agreements providing conditions of work and remuneration for overseas deployments, and then jointly develop a consistent policy framework for both short and longer term deployments. Conditions and remuneration for individual deployments will continue to be determined on a case by case basis by specific Agreement variation, but this will be done by reference to the standard documents and mindful of the for organizational consistency. Specialist Group Career Structures The parties agree to work during the term on career and remuneration structures for: Intel Forensics, including SOCOs' Communications Centres SNEN Restructuring Agreement The parties agree to review the restructuring agreement and provisions, and for any agreed outcome to be incorporated into the respective collective agreements by way of the variation provisions of the agreements. Eye Tests Police will review current practices within the public service with a view to adopting best practice.

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Joint Consultation and Initiatives The parties have agreed to the following: To establish a consultative forum between Police and the Police

Association. The purpose of the forum is to enable issues affecting police to be raised and methods of dealing with these issues identified and addressed. The forum will not replace any rights available under legislation and nor will it prevent either party from acting in their official capacity.

Agreement in principle to work co-operatively in the development of a mutually acceptable targeted drug testing program based on rehabilitation principles.

Agreement in principle to work co-operatively in the development of a rehabilitation based alcohol abuse identification and management process targeted towards police employees whose work performance is demonstrably impacted on by alcohol. Any such process needs to protect the privacy of off duty police.

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SCHEDULE 1: INFRASTRUCTURE BUSINESS UNIT FIELD SUPPORT STAFF: SPECIALIST CAREER STRUCTURE This document details the specialist career structure for IT Regional Support Engineers to recognise the special features and recruitment and retention issues for the group. The career structure is intended to make clear to staff development and career opportunities available to them and to ensure Police is able to maintain, through its people, a high quality service for Police users. General Career Structure Guidelines 1. Employees who have not met the minimum qualifications required for the appointed

position are eligible for PBIs only (ie: they are not eligible for CSIs). 2. Employees who have met the minimum requirements of the position are eligible for

CSI's, and for PBIs relating to additional optional qualifications as stated. 3. Employees who have reached the maximum of the remuneration band will not be

eligible for PBIs or CSIs. 4. Employees in Levels 1 - 4 can receive a maximum of three steps within any 12-

month period (a 12 month period starts from the time they receive their first PBI). Upon promotion within the Field Support Career Structure, the '12 month period' referred to in 4 above will begin again.

5. Employees appointed to a level who are studying for qualifications relating to a

higher level will receive a PBI relating to these qualifications upon successfully achieving them. This provision applies only from the date of agreement of the career structure and does not apply to qualifications achieved prior to that date

6. Employees who obtain more than three PBIs relating to qualifications for a higher

Level, and who would be entitled (only) to be promoted to the band minimum upon promotion to that higher Level, will be eligible for up to two steps in addition to their normal promotion entitlement.

7. Employees are eligible for a PBI when first obtaining their Electrical Service

Technical Registration. After obtaining this registration it must be maintained bi-annually. Employees ere not entitled to a PBI for maintaining this registration.

8. External appointees will be placed at the appropriate remuneration level that reflects

their qualifications, skills and experience and will have a training programme tailored to fit their individual requirements.

9. These provisions are subject to Police policy on performance management and study

leave. 10. Normal promotion criteria apply regarding promotion/progression between levels. 11. Given the changing nature of the Information and Technology industry, the

compulsory qualifications relating to each Level may be changed. These changes will be consulted with staff and Service. Any such changes will be incorporated into subsequent Employment Agreements.

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Regional Support Engineer – Level 1 (Band B). General 1. Employees are not eligible for a CSI while under a training programme to achieve the

minimum requirements of the position. 2. After they have achieved the minimum requirements of the position, employees will

be eligible for a CSI on their next anniversary of joining Police and are eligible for PBIs relating to additional optional qualifications.

3. At the time of appointment, placement within the remuneration band will reflect an

employee's skills and experience Minimum Requirements 4. 1Successfully completing 6-month training programme(s) covering all aspects of

required skills. One step. Employees can receive a maximum of 4 steps at this level by successfully completing 6 monthly supervised training programmes.

5. Achieving Electrical Service Technician registration. One step. 6. 2Compulsory Qualifications as outlined below and in the Position Description for this

position. Optional Qualifications 7. Achieving MCP with 6-months experience. One step. 8. 3Achieving 4 courses of study towards NZ Diploma in Electro-technology or

equivalent. One step. Promotion or Termination 9. 4Upon successful completion of compulsory qualifications for Level 2 and the tailored

6 monthly training programme(s), employees will automatically progress to Regional Support Engineer – Level 2.

10. Employment with the NZ Police will be reviewed and may be terminated following:

1 Based on their experience, employees will require 1 to 4 training programmes 2 Compulsory qualifications for Level 1 are currently: Sixth Form Certificate or NCEA Level Two competency or equivalent in Mathematics, English, General Science/Physics/Graphics or a technology related subject 3 NZ Diploma in Electro-Technology involves 20 units of study, usually over a period of 2 years fulltime, (may extend over 6yrs part time). No more than 6 units can be taken in 1 year to ensure employees gain a good mix of theory, and practical skills and experience 4 Movement to Level 2 is automatic upon achieving the required standards if the employee chooses their area of specialisation at the time of appointment to Level 1. Employees who do not choose an area of specialisation at the time of appointment or who change their chosen area of specialisation during their employment in Level 1 cannot be guaranteed automatic movement to Level 2. In this situation, movement to Level 2 will be dependant on a vacancy being available in their chosen area of specialisation.

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a) appropriate performance management if an employee fails to perform to a suitable level

b) 3 years employment in the position where an employee has not achieved the

compulsory qualifications for progression to Level 2 c) unsuccessful completion of two 6 monthly supervised training programmes in

succession. Regional Support Engineer – Level 2 (Band D) General 1. Employees are not eligible for a CSI while under a training programme to achieve the

minimum requirements of the position. 2. After they have achieved the minimum requirements of the position, Employees will

be eligible for a CSI on their next anniversary of joining Police and are eligible for PBIs relating to additional optional qualifications.

Minimum Requirements 3. 5Successfully completing 12-month training programme(s) covering all aspects of

required skills. One step for each year, up to a maximum of 3 years. 4. Obtaining Electrical Service Technician registration (assuming this has not already

been achieved). One step. 5. 6Compulsory Qualifications as outlined below and in the Position Description for this

position, and some industry or Police IT & T experience Optional Qualifications 6. Successfully completing 4 courses of study towards the NZ Diploma in Electro-

technology or equivalent. One step. Employees can receive a maximum of 4 steps by successfully completing an approved external study programme towards gaining a diploma in Electro-technology or equivalent.

7. 7Successfully completing a diploma in Electro-technology or equivalent. Two steps.

5 All employees will be required to complete a minimum of one 12 month training programme. 6Compulsory qualifications for level 2 are currently:

a) Registered Electrical Service Technician (within 24 months of appointment) and

b) A minimum formal qualification of at least one of the following: • Microsoft Certified Professional (MCP) or • A+ Computing or equivalent or • National Certificate in Computing – Levels 3 & 4 or • Business Computing – Levels 3 & 4 or • Studying toward NZ Diploma in Electro- technology or equivalent. Note: The qualification required will need to be consistent with the technology skill set specified in the advertised vacancy and required at the location of the vacancy i.e. Telecommunications skills.

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8. 8Successfully performing in the position for three years gaining sound all round

experience. The yearly training plan shall demonstrate achievement. Two steps. Promotion or Termination 9. Promotion to Level 3 is on appointment to an advertised vacancy, following normal

Police appointment procedures. All applicants are expected to have the required compulsory qualifications for Level 3. Successful applicants without the required compulsory qualifications will be provisionally appointed to the position and the required qualifications must be achieved within 2 years of provisional appointment.

10. Employment with the NZ Police will be reviewed and may be terminated following: a) appropriate performance management if an employee fails to perform to a

suitable level b) 2 years employment in the position where an employee has not achieved the

compulsory qualification for Level 2 c) unsuccessful completion of two 12 monthly supervised training programmes

in succession. Regional Support Engineer – Level 3 (Band G) General 1. Employees are eligible for CSIs at this level. However, if they successfully obtain

additional optional qualifications they may also be entitled to PBIs. Minimum Requirements 2. Electrical Service Technician registration 3. 9Compulsory Qualifications as outlined below and in the Position Description for this

position, and significant industry or Police IT & T experience 7 NZ Diploma in Electro-Technology involves 20 units of study, usually over a period of 2 years fulltime, (may extend over 6 yrs part time). No more than 6 units can be taken in 1 year to ensure employees gain a good mix of theory and practical skills and experience. 8 This automatically applies to internal appointments from Level 1. Relevance to external appointments to Level 2 will be determined on a case by case basis. 9 Compulsory qualifications for Level 3 are currently:

a) Registered Electrical Service Technician (within 24 months of appointment) and b) A minimum formal qualification requirement of at least ONE of the following: • Microsoft Certified Professional (MCP); • Microsoft Certified System Administrator (MCSA); • Cisco Certified Network Professional (CCNP); • A+ Computing or equivalent; • National Certificate in Computing – Levels 3 & 4; • Business Computing – Levels 3 & 4; • National Diploma of Engineering – Telecommunications Level 5 or equivalent; • NZ Diploma in Electro-technology or equivalent.

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Optional Qualifications 4. Completing basic project management training (Police PMO sponsored) and

successfully managing projects up to $0.5M for at least 18 months. The annual performance appraisal shall demonstrate this achievement. One step.

5 .Achieving 4 courses of study towards a graduate degree in Telecommunications, IT

related field or Business Management. One step. NOTE: An employee can achieve a maximum of 4 PBIs by successfully completing an approved external study programme towards gaining a graduate degree in Telecommunications, an IT related field or Business Management.

6. Obtaining a graduate degree in Telecommunications, IT related field or Business

Management. Two steps. 7. Successfully performing in the position for 5 years gaining sound all round

experience. Annual performance appraisal shall demonstrate achievement. Two steps.

8. Assuming responsibility of managing an ITSC relationship with district management.

(Positions in Whangarei, Napier, New Plymouth, Nelson and Invercargill would qualify for this increment.) One step.

Promotion or Termination 9. Promotion to Level 4 is on appointment to an advertised vacancy. All applicants are

expected to have the required compulsory qualifications for permanent appointment. Successful applicants without the required compulsory qualifications will be provisionally appointed to the position and the required qualifications must be achieved within 2 years of provisional appointment.

10. Employment with the NZ Police will be reviewed and may be terminated following: a) appropriate performance management if an employee fails to perform to a

suitable level b) 2 years employment in the position where an employee has not achieved the

compulsory qualification for Level 3 Regional Support Engineer – Level 4 (Band H) General 1. Employees are eligible for CSIs at this level. However, if they successfully obtain

additional optional qualifications they may also be entitled to PBIs. Minimum Requirements

Note: The qualification required will need to be consistent with the technology skill set specified in the advertised vacancy and required at the particular location of the vacancy i.e. Telecommunications or Computing skills.

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2. Electrical Service Technician registration 3. 10Compulsory Qualifications as outlined below and in the Position Description for this

position, and extensive (approximately 10 years) industry or Police IT experience Optional Qualifications 4. Achieving a recognised Project management qualification and successfully managing

projects in excess of $0.5M. The annual performance appraisal shall demonstrate this achievement. One step.

5. Achieving 4 courses of study towards a graduate degree in Telecommunications, IT

related field or Business Management. One step. Employees can receive a maximum of 4 steps by successfully completing approved external study programme towards gaining a graduate degree in Telecommunications, IT related field or Business Management.

6. Obtaining a graduate degree in Telecommunications, IT related field or Business

Management and successfully managing Employees for at least 18 months. Two steps.

7. Successfully performing in the position for 5 years gaining sound all round

experience. Annual Performance Appraisal shall demonstrate this achievement. Two steps.

8. Assuming responsibility of managing ITSC relationship with district management.

One step. Promotion or Termination 9. Promotion to Level 5 is on appointment to an advertised vacancy. All applicants are

expected to have the required compulsory qualifications for permanent appointment. Successful applicants without the required compulsory qualifications will be provisionally appointed to the position and the required qualifications must be achieved within 2 years of provisional appointment.

10. Employment with the NZ Police will be reviewed and may be terminated following:

10 Compulsory qualifications for Level 4 are currently:

a) Registered Electrical Service Technician and b) One of the following qualifications:

• Microsoft Certified System Engineer (MCSE); • Cisco Certified Internet Engineer (CCIE) • National diploma of engineering – Telecommunications level 5; • NZ Certificate of Computing or equivalent; • NZ Diploma in Electro- technology or equivalent.

OR a) Registered Electrical Service Technician and b) Significant (7 years) industry or Police IT & T experience with a graduate degree or equivalent in a related discipline Note: The qualification required will need to be consistent with the technology skill set specified in the advertised vacancy and required at the particular location of the vacancy i.e. Telecommunications or Computing skills.

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a) appropriate performance management if an employee fails to perform to a

suitable level b) 2 years employment in the position where an employee has not achieved the

compulsory qualification for Level 4 Regional Operations Manager (Regional Support Engineer – Level 5) (Band J) General 1. Employees are eligible for CSIs only. Minimum Requirements 2. Electrical Service Technician registration 3. 11Compulsory Qualifications as outlined below and in the Position Description for this

position, and extensive industry or Police IT & T experience (approximately 15 years)

Promotion or Termination 4. Employment with the NZ Police will be reviewed and may be terminated following: a) appropriate performance management if an employee fails to perform to a

suitable level b) 2 years employment in the position where an employee has not achieved the

compulsory qualification for Level 5

11 Compulsory qualifications for Level 5 are currently: a) Registered Electrical Service Technician and b) One of the following qualifications:

• Microsoft Certified System Engineer (MCSE); or • Cisco Certified Internet Engineer (CCIE); • National Diploma of Engineering – Telecommunications level 5; or • NZ Certificate of Computing or equivalent; or • NZ Diploma in Electro- technology or equivalent

OR a) Registered Electrical Service Technician and b) Graduate degree or equivalent in a related discipline or c) A diploma or degree in Business Management with significant experience (10 years) in managing technology oriented services group.

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SCHEDULE 2: PAY SCALES: COMMUNICATORS AND DISPATCHERS Communications Centre Communicators and Dispatchers Communicator staff are required on appointment to successfully complete the prescribed training course for Communication Centre staff. Failure to successfully complete the training course will result in termination of employment with one month's notice. Existing permanent staff will however return to their former position. After six weeks of training newly appointed Communicators will be appointed to the rate of Band D (shift). They will then move up a step every six months for 18 months. After 2 years of employment they will move to the Band E starting rate specified in the Collective Agreement and move from there to the top of Band E by annual CSI’s on the anniversary of their appointment to Police as per any other Police Employee in Band E. New Communicators identified as Dispatcher capable will complete a week long Dispatcher course before being authorised to train as a Dispatcher. This would usually occur after two years as a communicator but can occur earlier. Once training commences they have a six week period of further assessment before Dispatcher appointment is confirmed. If appointment is confirmed their Total Remuneration (TR) increase to the Band F starting rate is backdated to the commencement of the six week period. There are then two further increments six months apart which then delivers members to the Band G starting rate. Movement from here to the top of the band is by annual CSI’s on the anniversary of their appointment to Police as per any other Band G Police Employee. Pay scales for Communicators and Dispatchers are specified in Schedule Two of this agreement. Higher Duties Communicators relieving as Dispatchers will receive higher duties paid at the next highest value step on the Dispatcher Structure that provides for a minimum 4% increase. Where a Communicators current TR is above the Band G starting rate (third step on the Dispatcher Structure) then higher duties is paid as per the standard Police Employee Collective provision (the next highest value step plus 2 steps in the higher band or the nearest step after a 4% increase, whichever is greater).

The parties to this agreement recognise that in some cases the requirement to pay overtime will occur for staff in F/G band, such requirements will be dictated by the needs of the business and will be at the discretion of Centre Management.

Existing Communicators who are appointed as Dispatcher at a later date will be

guaranteed a minimum increase of 4% as per the Collective Agreement. Competency/Service Increments Members should note that every assistance will be provided to support the staff member in gaining the required competency level(s), staff will not be denied a service increment if they are meeting the requirements of any such remedial/training initiatives agreed. On an ongoing

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basis only a very small percentage of members in Police (and in Comms Centres) are expected to miss a competency/service step in any one year.

On completion of 6 weeks training Band D Shift stating rate $ 48,324 6 months Band D Shift Step 1 $ 49,175

12 months Band D Shift Step 2 $ 50,028 18 months Band D Shift Step 3 $ 50,881

2 Years Band E Starting Rate $ 51,259 3 Years Band E Step 1 $ 52,163 4 Years Band E Step 2 $ 53,068 5 Years Band E Step 3 $ 53,971 6 Years Band E Step 4 $ 54,878 7 Years Band E Step 5 $ 55,782 8 Years Band E Step 6 $ 56,687 9 Years Band E Step 7 $ 57,592 10 Years Band E Step 8 $ 58,497 11 Years Band E Step 9 $ 59,401 12 Years Band E Step 10 $ 60,305 13 Years Band E Step 11 $ 61,211 14 Years Band E Step 12 $ 62,115 15 Years Band E Step 13 $ 63,020 16 Years Band E Step 14 $ 63,924 17 Years Band E Step 15 $ 64,829 18 Years Band E Step 16 $ 65,734 19 Years Band E Step 17 $ 66,639 20 Years Band E Step 18 $ 67,541 21 Years Band E Step 19 $ 68,446 22 Years Band E Step 20 $ 69,351

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Start Dispatch training Band F starting Rate $ 55,711

6 Months Band F Step 1 $ 56,695 1 Year Band G starting Rate $ 61,335 2 Years Band G Step 1 $ 62,418 3 Years Band G Step 2 $ 63,501 4 Years Band G Step 3 $ 64,582 5 Years Band G Step 4 $ 65,666 6 Years Band G Step 5 $ 66,748 7 Years Band G Step 6 $ 67,830 8 Years Band G Step 7 $ 68,912 9 Years Band G Step 8 $ 69,995

10 Years Band G Step 9 $ 71,077 11 Years Band G Step 10 $ 72,160 12 Years Band G Step 11 $ 73,243 13 Years Band G Step 12 $ 74,324 14 Years Band G Step 13 $ 75,407 15 Years Band G Step 14 $ 76,490 16 Years Band G Step 15 $ 77,571 17 Years Band G Step 16 $ 78,653 18 Years Band G Step 17 $ 79,736 19 Years Band G Step 18 $ 80,819 20 Years Band G Step 19 $ 81,901 21 Years Band G Step 20 $ 82,983

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SCHEDULE 3: DOCUMENT EXAMINATION Document Examination Staff

Level

Remuneration Rate

Document Assistant (DA) Band D(Step 2) (0-6 months) Senior Document Assistant (SCA) Band D (Step 3) (6 months to 2 years) Document Technician (DT) Band D (Step 7) (After 2 years and completion of relevant training requirements) Senior Document Technician (SDT) Band E (Step 9) (After 3.5 years and completion of relevant training requirements)

$48,572 $49,400 $52,713 $59,401 No further CSI’s at these levels.

Document Examiner Band H (Step 2) (After 5 years and completion of relevant training requirements)

After 5 years and having passed written and/or oral and/or practical examinations $70,535. Note: Subsequent increases up to the top of the band is in accordance with CSI’s.

Senior Document Examiner Band I (Step 2) (After 7 years and completion of relevant training requirements)

After 7 years being a document examiner, successful completion of nominated courses on administration and related procedures, and a research paper on a pre-approved topic (minimum 5,000 words) $77,030. Note: Subsequent increases up to the top of the band is in accordance with CSI’s.

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SCHEDULE 4: FINGERPRINTS CAREER STRUCTURE Fingerprint Career Structure

Level

Remuneration Rate

Fingerprint Asst Level 1 (FA1) Band B (Step 3) Fingerprint Asst Level 2 (FA2) Band D (Step 2) (Alternative Band) Asst Fingerprint Officer 1 (AF01) Band D (Step 3) (After 6 months and completion of relevant training requirements) Asst Fingerprint Officer 2 (AF02) Band D (Step 7) (After 2 years and completion of relevant training requirements) Senior Asst Fingerprint Officer 3 (SAF03) Band E (Step 9) (After 3.5 years and completion of relevant training requirements)

$39,938 $48,572 $49,400 $52,713 $59,401 No further CSI’s at these levels. Movements between levels is subject to the successful completion of written and/or oral and/or practical examination within the Diploma in Fingerprint Science Syllabus

Fingerprint Officer Band H (Step 2) (After 5 years and completion of relevant training requirements)

After 5 years and the completion of the Diploma in Fingerprint Science $70,535 Note: subsequent increases up to the top of the band is in accordance with CSI’s.

Senior Fingerprint Officer Band I (Step 2) (After 7 years and completion of relevant training requirements)

After 7 years and successful completion of Introduction to Management (VUW) MGMT 101 or equivalent and a tertiary equivalent of Evidence, Statutes and Related Procedures paper (e.g. Forensic 701/702) and successful completion of a research paper on a pre-approved topic (minimum 5,000 words) $77,030 Note: subsequent increases up to the top of the band is in accordance with CSI’s .

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SCHEDULE 5: LEGAL SERVICES STAFF 1. Appointment to position of Legal Adviser Appointment to the position of Legal Adviser, Legal Services is on merit, to an

advertised vacancy. To apply for the position, the person must have completed a law degree and be qualified to hold a practising certificate as Barrister and Solicitor.

2. Band Structure The position of Legal Adviser is broad banded from band H through to band

One. The band structure is tied directly to the incremental skill set for the position of Legal Adviser.

3. Level A Legal Adviser will be appointed at a level from 1 through to 4. The level of

appointment is tied directly to the relevant skill set and the band at which the person is appointed. For example, appointment at band H will equate to a Legal Adviser : Level 1, while appointment at band One will equate to a Legal Adviser : Level 4.

4. Band and rank entry (a) Internal entry A current member of Police may enter Legal Services at their existing

band (and rank if sworn). Where a current member of Police has legal skills that are rated above that person’s current band, the person may enter Legal Services at a band commensurate with that person’s competency in terms of the incremental skill set.

(b) External entry Where a person from outside Police is appointed to a position as Legal

Adviser, that person may enter Legal Services at a band level commensurate with that person’s competency in terms of the incremental skill set.

5. Band progression Progression within the band structure for Legal Adviser will be tied to achieving

an increased competency in terms of the incremental skill set. Progress in terms of competency shall be assessed from time to time, and at least on an annual basis during appraisal negotiations. Approval of the National Manager : Legal Services will be necessary to advance within the band or between bands.

The one exception to this linkage will occur in the case of a member who has

been appointed to a position of Legal Adviser, but where that person is currently at a band that is higher than their legal experience would otherwise justify. In this situation the member remains within their current band until progression within the skill set triggers an increase to the next remuneration band (if available).

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By way of a general guide only, the following career advancement may be expected within the position of Legal Adviser : Legal Services:

Level 1: A legally qualified but inexperienced appointee commencing a legal

career within Legal Services can expect to be appointed to Band H. Level 2 : After 6 to 12 months the person can expect to have been exposed to a

sufficient range of legal tasks which will better equip the person with the skills to undertake the work of a legal adviser and to qualify for advancement to Band I.

Level 3 : Having worked within Legal Services for a period of 2 to 3 years the

person could expect to have achieved the necessary skill set to advance to Band J.

Level 4 : After 4 to 5 years to Band One which is a senior individual agreement

position. Note: Minimum increase on promotion rates will apply to employees progressing from a lower to a higher band in the structure.

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SCHEDULE 6: ELECTRONIC CRIME LABORATORY Signal and Image Processing Assistant (Band D) (Step 2) Digital Forensic Assistant (Band D) (Step 2)

0-6 months: $48,572

Signal and Image Processing Technician (Band F) (After 6 months & exam pass) Digital Forensic Technician (Band F) (After 6 months & exam pass) Additional increases in total remuneration will apply as indicated opposite

(Step 2) $57,678 (Step 5) $60,628 following 12 months service at Technician level and a Commendable performance appraisal result. (Step 8)$63,578 following 24 months service at Technician level and a Commendable performance appraisal result No further CSI’s at these levels.

Signal and Image Processing Analyst (After 3 years and an exam pass (Band I) (Step 2) Digital Forensic Analyst (After 3 years, exam pass and hold A+ qualification) (Band I)

$77,030 Subsequent increases up to the top of the band is in accordance with CSI’s.

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SCHEDULE 7: POLICY GROUP CAREER STRUCTURE The policy group career structure is to cover new members to the Policy Group up to Senior Policy Advisor II. Members who have attained Senior Policy Advisor II (Band One) positions are no longer part of the policy group career structure provisions. Band Two positions have been included in the policy group career structure to show career pathways available within the policy group. Current members of the Policy Unit will be transferred into the Policy Career Structure at a remuneration band and step commensurate with their current relevant experience and skills. A proposal outlining translation for these members will be put forward separately. From 1 June 2007 new internal and external appointments into the Policy career structure will be positioned at a level commensurate with their relevant experience and qualifications. Staff who do not successfully meet the requirements of the Policy Unit career structure following reasonable opportunity to obtain necessary expertise, and following appropriate performance management processes will, after consultation with the member, be transferred to a suitable alternative position outside of the Unit. Policy Group Career Structure

(i)

Appointment to position of Assistant Policy Adviser Appointment to the position of Assistant Policy Adviser, Policy group is on merit, to an advertised vacancy. To apply for the position, the person must have completed a tertiary qualification in a relevant discipline.

(ii)

Band Structure The position of Policy Adviser (including Assistant Policy Adviser, Policy Adviser and Senior Policy Adviser) is from band E through to band One. The band structure is tied directly to the incremental skill set for the position of Policy Advisers.

(iii)

Level Each designation - Assistant Policy Adviser, Policy Adviser and Senior Policy Adviser - has two levels. Appointees will be appointed at a level from 1 through to 2, level 1 representing the lower of the linked bands. The level of appointment is tied directly to the relevant skill set and the band at which the person is appointed. For example, appointment at band E will equate to an Assistant Policy Adviser: Level 1, while appointment at band F will equate to an Assistant Policy Adviser: Level 2.

(iv)

Band and rank entry a. Internal entry A current member of Police may enter the Policy group at their existing band (and rank if sworn). Where a current member of Police has an appropriate tertiary qualification and experience rated above that person's current band, the person may enter the Policy group at a band commensurate with that person's competency in terms of the incremental skill set as determined by the Policy Manager/Head of Service. For sworn staff at band G (Constable) entering the Policy career structure, he/she will remain at band G until he/she has

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Police Employee Agreement 2009-2010 126

demonstrated the competency and skill sets at band H level, and then progress to band H remuneration scale. b. External entry Where a person from outside Police is appointed to a position as Policy Adviser (Assistant, Policy Adviser or Senior Policy Adviser), that person may enter the Policy group at a band level commensurate with that person's competency in terms of the incremental skill set as determined by the Policy Manager/Head of Service.

(v)

Band progression Progression within the band structure for Policy Advisers will be dependent upon achieving an increased competency in terms of the incremental skill set. Progress in terms of competency shall be assessed from time to time, and at least on an annual basis during appraisal discussions. Approval of the Policy Manager/Head of Service will be necessary to advance within the band or between bands. In the case of a member who has been appointed to a position of Policy Adviser (but where that person is currently at a band that is higher than their relevant experience would otherwise justify), the member remains within their current band until progression within the skill set triggers an increase to the next remuneration band (if available). Staff that do not successfully meet the requirements of the Policy career structure following reasonable opportunity to obtain necessary competence will: For Sworn members, after consultation with the member, be transferred to a suitable alternative position outside of the unit; For Police Employees, be considered for alternative positions within the Unit in the first instance, or be transferred to a suitable alternative position outside of the unit. Members of the Policy career structure will be eligible to receive competency service increments (CSI's) following their anniversary of appointment to Police whilst in the Policy career structure. By way of a general guide only, the following career advancement may be anticipated for fully competent staff within the Policy group:

Assistant Policy Adviser (E - F)

A relevant tertiary qualified appointee with up to 2 years experience commencing a policy career within the Policy group can expect to be appointed to band E or F.

Policy Adviser (H - I)

After 2 years of relevant policy experience the person can expect to have been exposed to a sufficient range of tasks which will better equip the person with the skills to undertake the work of a Policy Adviser and to qualify for advancement to band H.

Senior Adviser (J - One)

After 5 years relevant policy experience the person could expect to have achieved the necessary skill set to advance to band J.

Team Leader/ Principal Adviser (Band Two)

Appointment to these positions is on merit to advertised vacancies. Successful applicants would have approx 7 or more years experience.

Note Minimum increase on promotion rates will apply to employees progressing from a lower to a higher band in the structure.

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SCHEDULE 8: TENPRINT OFFICER CAREER STRUCTURE The introduction of Livescan (automated fingerprinting) has necessitated the introduction of a new career structure for Tenprint Officers. There are currently 6 members of police employed in this role 4 of whom are Police Association members. These Police Association members are directly affected and as such entitled to vote on this variation. Existing members have been operating in the role for some period of time and final exams were completed earlier this year. In recognition of this their movement to Tenprint Officer will be effective from 01 January 2008. As a further transitional arrangement, CSIs received during their training period will not be adjusted. Career Structure Level

Remuneration Rate

Trainee Tenprint Officer

Band B – placement within this band is in accordance with normal NZ Police remuneration policy. Not eligible for CSIs. Movement to Tenprint Officer following at least 12 months as Trainee, successful completion of 5 modules and passing a final qualification exam. It is expected that appointment to Tenprint Officer will be achieved within 18 months.

Tenprint Officer

Placement in Band D as per normal promotion rules. Subsequent increases up to top of the band by way of CSI's as per CSI policy.

All Trainees are required to attain Tenprint Officer qualifications. The parties are agreed that Trainees appointed from outside of NZ Police are employed on a probationary basis pursuant to Section 67 of the Employment Relations Act 2000. These members’ ongoing employment is subject to them satisfying the requirements of the career structure which will be explained to them at commencement of employment. They will be provided with reasonable opportunity and assistance to achieve the standards required. Trainees appointed from another position within NZ Police who do not attain Tenprint Officer qualifications after being provided with reasonable opportunity and assistance to achieve the standards required will, after consultation, be transferred to a suitable alternative position outside of the Unit if such positions are available.

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SCHEDULE 9: RESERVED

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SCHEDULE 10: RESERVED

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SCHEDULE 11: HOLIDAYS ACT BENEFIT TABLES Benefits Table: Police Employee (eligible for paid overtime) 1. Police Employee Rostered to Work and Does Work on Public Holiday a) Works normal rostered hours. b) Works normal rostered hours plus additional overtime hours. c) Rostered on standby in addition to rostered hours (and additional overtime)

and is not called out. d) Rostered on standby in addition to rostered hours (and additional overtime)

and is called out and returns to work. e) Works normal rostered hours, not on standby but is called out and returns to

work. f) Rostered to work but does not work as sick. g) Has day off sick but is requested to return to work during normal duty hours. h) Has day off sick but is called back to work outside normal duty hours.

Type

Ordinary

pay

Standby

allowance

Alternative

day off

Deferred day off

Time half additional

Overtime

Rate for

OT

(a) 8 Yes 8 (b) 8 Yes 8 2 T2 (c) 8 Yes Yes 8 2 T2 (d) 8 Yes Yes 8 5 T2 (e) 8 Yes 8 3 T2 (f) 8 (g) 8 Yes 3 T1* (h) 8 Yes 3 T2

(All examples assume ordinary hours are 8 and additional duty overtime or return to duty is two hours and any callback receives minimum three hours overtime) * On ANZAC and Waitangi day this is T2 2. Police Employee for whom RDO falls on Public Holiday a) Does not work as is RDO. b) Does not work but is on standby, but not called back. c) Does not work but is on standby and is called back. d) Not on standby but is called back to work. e) Day off cancelled and re-rostered.

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Type

Ordinary pay

Standby allowanc

e

Alternative

day off

Deferred day off

Time half additional

Overtim

e

Rate for

OT

(a) Yes * (b) Yes Yes (c) Yes Yes 3 T2 (d) Yes 3 T2 (e) 8 Yes Yes 8 (All examples assume callback receives minimum three hours overtime) * Members are entitled to an alternative day off where the public holiday falls on their

rostered day off, except where the public holiday day is either Anzac Day or Waitangi Day being observed on a Saturday or Sunday.

* Members are not entitled to an alternative day off when the public holiday is not a

normal work day or is either Anzac Day or Waitangi Day being observed on a Saturday or Sunday.

3. Police Employee having the Public Holiday as a Holiday a) Does not work. b) Does not work but is on standby but is not called out. c) Does not work but is on standby and returns to duty for two hours during

normal hours. d) Does not work but is on standby and is called back outside normal hours. e) Not on standby but returns to duty during normal hours for two hours. f) Not on standby but is called back to work outside normal hours.

Type Ordinary pay

Standby allowance

Alternative day off

Deferred day off

Time half additional

Overtime Rate for OT

(a) 8 (b) 8 Yes Yes (c) 8 Yes Yes 3 T1* (d) 8 Yes Yes 3 T2 (e) 8 Yes 3 T1* (f) 8 Yes 3 T2

(All examples assume ordinary hours are 8 and additional duty overtime is two hours and any call back receives minimum three hours overtime) Note: Rostered employees will only get an alternative day off for working Anzac or Waitangi Day if it falls between Monday and Friday or if it is otherwise a normal working day for the member. Non-rostered employees will only get an alternative day off for working on Anzac or Waitangi Day if the day is otherwise a normal working day for the member. On ANZAC and Waitangi day this is OT2.

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Benefits Table: Police Employee (not eligible for paid overtime) 1. Police Employee Rostered to Work and Does Work on Public Holiday a) Works normal rostered hours. b) Works normal rostered hours plus additional overtime hours. c) Rostered on standby in addition to rostered hours (and additional overtime)

and is not called out. d) Rostered on standby in addition to rostered hours (and additional overtime)

and is called out and returns to work. e) Works normal rostered hours, not on standby but is called out and returns to

work. f) Rostered to work but does not work as sick. g) Has day off sick but is requested to return to work during normal duty hours. h) Has day off sick but is called back to work outside normal duty hours. Type Ordinary

pay Standby

allowance Alternative

day off Deferred day off

Time half additional

TOIL Time half additional

for OT (a) 8 Yes 8 (b) 8 Yes 8 2 2 (c) 8 Yes Yes 8 2 2 (d) 8 Yes Yes 8 5 5 (e) 8 Yes 8 3 3 (f) 8 (g) 8 Yes 3 3 (h) 8 Yes 3 3

(All examples assume ordinary hours are 8 and additional duty overtime or return to duty is two hours and any call back receives minimum three hours overtime) 2. Police Employee for whom RDO falls on Public Holiday a) Does not work as is RDO. b) Does not work but is on standby, but not called back. c) Does not work but is on standby and is called back. d) Not on standby but is called back to work. e) Day off cancelled and re-rostered to work.

Type Ordinary pay

Standby allowance

Alternative day off

Deferred day off

Time half additional

TOIL Time half additional

for OT (a) Yes * (b) Yes Yes (c) Yes Yes 3 3 (d) Yes 3 3 (e) 8 Yes Yes 8 (All examples assume call back receives minimum three hours overtime) * Members are entitled to an alternative day off where the public holiday falls on their

rostered day off, except where the public holiday day is either Anzac Day or Waitangi Day being observed on a Saturday or Sunday.

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Police Employee Agreement 2009-2010 133

* Members are not entitled to an alternative day off when the public holiday is not a normal work day or is either Anzac Day or Waitangi Day being observed on a Saturday or Sunday.

3. Police Employee having the Public Holiday as a Holiday a) Does not work. b) Does not work but is on standby but is not called out. c) Does not work but is on standby and returns to duty for two hours during

normal hours. d) Does not work but is on standby and is called back outside normal hours. e) Not on standby but returns to duty during normal hours for two hours. f) Not on standby but is called back to work outside normal hours. Type Ordinary

pay Standby

allowance Alternative

day off Deferred day off

Time half additional

TOIL Time half additional

for OT (a) 8 (b) 8 Yes Yes (c) 8 Yes Yes 3 3 (d) 8 Yes Yes 3 3 (e) 8 Yes 3 3 (f) 8 Yes 3 3

(All examples assume ordinary hours are 8 and additional duty overtime is two hours and any call back receives minimum three hours overtime) Note: Rostered employees will only get an alternative day off for working Anzac or Waitangi Day if it falls between Monday and Friday or if it is otherwise a normal working day for the member. Non-rostered employees will only get an alternative day off for working on Anzac or Waitangi Day if the day is otherwise a normal working day for the member.

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Police Employee Agreement 2008-2009

SCHEDULE 12: RESERVED

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Police Employee Agreement 2006-2008 135

SCHEDULE 13: RESERVED

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SCHEDULE 14: RESERVED

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Police Employee Agreement 2008-2009 137

SCHEDULE 15: SERVICE ORGANISATION FACILITIES The Police will: recognise Association representatives duly authorised by the National Secretary as

representatives of the Employee's Organisation on the job; allow access by representatives to members in the workplace in order to discharge

their functions as representatives; Provided that Police operational requirements are met the Police will: grant leave for representatives and members involved in the resolution of

employment relationship problems, personal grievances and disputes; allow reasonable time off for representatives to discharge their functions;

allow representatives reasonable use of Police facilities to discharge their

representatives' duties. The Association will provide the Police at a regional level with the names and workplace of all Association representatives after the workplace AGM.

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Police Employee Agreement 2008-2009 138

SCHEDULE 16: INTERNAL REMUNERATION BANDS, GRIEVANCE PROCEDURE i) The following procedure shall apply for all employees who seek a review of their

placement within or salary movement through the remuneration band. ii) In the first instance it is envisaged that all such salary grievances be discussed with

the Supervisor concerned. If the matter is not resolved at this point then the matter should be taken to the District Manager. Should the matter still be unresolved, the National Manager: Human Resources should be informed and a meeting set up between the National Manager: Human Resources or their representative, a representative of the District Manager and the staff member to discuss the grievance. Throughout this period the employee would be able to be accompanied by an Association representative.

iii) If the matter remains unresolved then a written report shall be required to be made to

the General Manager: Human Resources. If the matter still remains unresolved a Grievance Committee meeting will be scheduled to hear the grievance.

iv) The Committee shall consist of equal representatives of the Police and Association

and they shall appoint a mutually agreed chairperson. v) The Committee shall consider the matter and make recommendation(s) to the

Commissioner. vi) The review shall be considered promptly by all parties within a suggested timeframe

of 30 working days from the initial lodging of the review by the employee to the Commissioner's written response to the committee's recommendation.

vii) The staff member and the Association representative shall be allowed reasonable

time off to be involved in a review. viii) By mutual agreement these principles may be varied.

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Police Employee Agreement 2008-2009 139

SCHEDULE 17: Total Remuneration pay scales 01 July 2009 - 30 June 2010

Step A A - Shift B B - Shift C C - Shift D D - Shift E F G H I J

0 $24,800 $26,784 $37,930 $40,205 $42,254 $43,943 $46,916 $48,324 $51,259 $55,711 $61,335 $67,555 $73,775 $ 79,886 1 $25,718 $27,775 $38,600 $40,916 $42,998 $44,718 $47,743 $49,175 $52,163 $56,695 $62,418 $69,045 $75,404 $ 81,649 2 $26,633 $28,765 $39,269 $41,625 $43,745 $45,495 $48,571 $50,028 $53,068 $57,678 $63,501 $70,535 $77,030 $ 83,412 3 $27,551 $29,755 $39,938 $42,334 $44,490 $46,269 $49,399 $50,881 $53,971 $58,661 $64,582 $72,024 $78,658 $ 85,174 4 $28,467 $30,744 $40,608 $43,044 $45,236 $47,046 $50,228 $51,732 $54,878 $59,645 $65,666 $73,515 $80,285 $ 86,937 5 $29,384 $31,734 $41,276 $43,753 $45,982 $47,821 $51,055 $52,587 $55,782 $60,628 $66,748 $75,006 $81,913 $ 88,699 6 $30,300 $32,725 $41,946 $44,464 $46,727 $48,596 $51,883 $53,439 $56,687 $61,612 $67,830 $76,497 $83,541 $ 90,461 7 $31,217 $33,714 $42,615 $45,173 $47,473 $49,372 $52,712 $54,293 $57,592 $62,594 $68,912 $77,987 $85,167 $ 92,224 8 $32,133 $34,703 $43,286 $45,883 $48,219 $50,147 $53,538 $55,145 $58,497 $63,579 $69,995 $79,477 $86,795 $ 93,987 9 $33,050 $35,695 $43,956 $46,594 $48,964 $50,922 $54,367 $55,997 $59,401 $64,560 $71,077 $80,968 $88,424 $ 95,748

10 $33,967 $36,683 $44,624 $47,301 $49,711 $51,699 $55,195 $56,852 $60,305 $65,545 $72,160 $82,458 $90,051 $ 97,511 11 $34,883 $37,674 $45,294 $48,011 $50,454 $52,474 $56,022 $57,703 $61,211 $66,528 $73,243 $83,947 $91,678 $ 99,273 12 $35,799 $38,663 $45,963 $48,721 $51,202 $53,250 $56,850 $58,556 $62,115 $67,511 $74,324 $85,438 $93,305 $101,035 13 $36,717 $39,655 $46,632 $49,431 $51,948 $54,025 $57,680 $59,409 $63,020 $68,493 $75,407 $86,928 $94,934 $102,797 14 $37,632 $40,643 $47,301 $50,140 $52,692 $54,801 $58,506 $60,262 $63,924 $69,476 $76,490 $88,418 $96,561 $104,560 15 $38,550 $41,633 $47,972 $50,851 $53,439 $55,576 $59,333 $61,114 $64,829 $70,461 $77,571 $89,909 $98,187 $106,322 16 $39,465 $42,623 $48,640 $51,560 $54,183 $56,352 $60,164 $61,967 $65,734 $71,443 $78,653 $91,938 $99,814 $108,084 17 $40,383 $43,613 $49,310 $52,268 $54,930 $57,127 $60,990 $62,821 $66,639 $72,426 $79,736 18 $41,299 $44,603 $49,979 $52,979 $55,675 $57,902 $61,818 $63,672 $67,541 $73,409 $80,819 19 $42,214 $45,592 $50,649 $53,687 $56,420 $58,678 $62,645 $64,525 $68,446 $74,393 $81,901 20 $43,132 $46,581 $51,319 $54,397 $57,167 $59,453 $63,473 $65,378 $69,351 $75,376 $82,983