T173
|
IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This application by the Commissioner of Police was lodged as a consequence of my recommendation in matter T106.1 That case came before the Commission by way of notification of an industrial dispute and related to the proposed integration of Sea Fisheries Inspectors and others into the Police and Police Departmental Employees Awards. The dispute was eventually settled following acceptance of, or consequent on further discussions arising from, those recommendations. In broad terms this application seeks to now make suitable provision in the award for an entirely new area of police activity. SPECIALIST ALLOWANCE Over time there has evolved what is now the well settled practice of providing in this and preceding Police Awards for special allowances to recognise acquisition of specific skills and qualifications for carrying out special duty. This practice has developed having regard for the rigidity of the current police ranking system which does not recognise different responsibility levels other than those broadly understood by the various ranks. On this occasion it has been agreed that an appropriately qualified and duly accredited member employed on fisheries patrol and inspection duties shall be entitled to be paid an allowance falling within the Specialist Compensatory Index Range A - H (currently $203 to $16021 per annum). Individual allowance payable will be determined within these parameters having regard for skill, qualifications, examinations passed and certificates held (including qualifications considered by the Commissioner to be equivalent). Years of experience in fisheries patrol and inspectorial work will also be a factor to be considered. No member will qualify for any allowance of this kind until he has had three years service in the relevant field of work. During proceedings a schedule was tendered setting out in general terms the separate index ratings to be given to attainment of national and state qualifications as well as years of service in the appropriate area of activity. These need not be dealt with in detail in this decision. Suffice it to say the minimum allowance of $203 per annum will be attracted after three years service and attainment of the national qualification. The maximum allowance will be payable after twelve years experience and acquisition of both national and state qualifications. MASTER'S, SKIPPER'S, COXSWAIN'S AND ENGINE DRIVER'S CERTIFICATE ALLOWANCE The parties also agreed upon a revised index rating for payment of allowances of the kind described above. This was considered desirable as it had come to the attention of the applicant that the Navigation and Survey Authority had varied certain requirements relating to the issue of certain grades of certificates up to and including Unrestricted Master Class IV. The detail of index ratings assigned to each class of certificate is to be found in Exhibit A tendered during proceedings. These are self explanatory and need not be elaborated upon further. However, in order to accommodate the proposed changes it will be necessary to delete the current scale of allowances set out in sub-placitum (c) of Clause 5 A 1 of the award and insert in lieu the following:
MARINE DIVING ALLOWANCE Sea Fisheries Inspectors, before being subsumed into the Police Department, were eligible under the terms of their own Sea Fisheries Award for payment of a diving allowance subject to certain conditions. However, police divers engaged on search and rescue work also attract a special diving allowance. This is of a higher order than that attracted by Fisheries Inspectors. It was agreed therefore that a new and additional provision be included in this award to cater for police officers required to carry out diving duties in the course of their duties as Marine Division Fisheries Inspectors. The allowance proposed is $406 per annum and is of a lesser order than that already set out in sub-placitum (h) of Clause 5.1 - the index rating for which lies within the range $203 to $1217 per annum. The proposed inclusion is as follows:
SEA DUTY ALLOWANCE In order to obviate the need for verifying claims for compensation when excess hours are worked when at sea and while members are necessarily away from home overnight, the following arrangement has been agreed to in lieu of the present complex and imprecise arrangement applicable to Sea Fisheries Inspectors. The form of compensation agreed upon requires that the member be engaged upon sea going duties and away from his normal place of residence overnight. Provided he meets that criteria the allowance proposed is payable on the basis of a whole day or any part thereof. The actual allowance is 50% of a day's wages. To illustrate what is intended: A member called to sea at, say, 4pm on one day and returns to port at 6am the following day would attract one day's allowance. This would represent the equivalent of four hours ordinary time. No overtime as such would be payable unless the member was required to perform inspectorial duties between midnight and 6 am. On the other hand, if the member was called to sea at, say, 8 am on one day and returned to port at 11.30 pm on the same day he would receive no sea duty allowance but may be eligible for payment of overtime. The agreed clause reads: Clause 5 B
CONSEQUENTIAL AMENDMENTS Clause 6, OVERTIME 2. Other Members It was agreed that a consequential alteration would be necessary to prevent overtime payment being attracted to members whilst entitled to sea duty allowance. However the proposed exclusion will only apply in those circumstances. Thus in the second example quoted the member would not be precluded from overtime payment. As he would not be away from home overnight the sea duty allowance would have no application. In those circumstances the award provision relating to overtime would be attracted where applicable. As the foregoing proposals relate to extension of this award to new work I have applied the tests set out in Principles 9 (b) (iv) and 10 (b). Having done so I am satisfied no violence has been done to either Principle. I therefore decide that the foregoing variations, together with such other amendments of a machinery nature, if any, shall come into force from today's date.
L A Koerbin 24 July 1985 |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||