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T219

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T219 of 1985

IN THE MATTER OF AN APPLICATION BY THE COMMISSIONER OF POLICE TO VARY THE POLICE AWARD

   
 

RE: COMPENSATION FOR MARINE AND RESCUE DISTRICT MEMBERS PERFORMING SEA GOING DUTY ON REST DAYS

   

PRESIDENT

27 September 1985

   

REASONS FOR DECISION
SUPPLEMENTARY DECISION TO T173 OF 1985

   

APPEARANCES:

   

For the Commissioner of Police

- Assistant Commissioner
  A. B. Swinton

   

For the Police Association of Tasmania

- Mr G. R. McDermott

   

DATE AND PLACE OF HEARING:

 

25 September 1985   Hobart

 

In determining this application by the Commissioner of Police, it will be necessary for the Commission to hand down a supplementary decision consequent on that taken on 24 July 1985, in relation. to matter T. 173 of 1985.

The issue to be decided boils down to a request for amendment to the Police Award in order to provide that monetary compensation be paid in the unusual circumstance of a member of the Marine and Rescue District being required to perform seagoing duties on what would otherwise have been his rostered day off.

The award presently authorises payment of an allowance of 50 per cent of a member's ordinary day's salary when that person is required to perform seagoing duties extending overnight and beyond a normal day's work.

Assistant Commissioner Swinton who represented the Commissioner acknowledged that the award does not presently require any payment of seagoing allowance to a member carrying out sea duties on his rostered day off. And as this was never intended to be the case, he therefore requested suitable variation to the relevant provision be effected in order to rectify what was clearly an omission.

Mr. McDermott representing the Police Association agreed, but made it quite clear his concurrence was conditional upon any variation not being regarded as a general authority for payment being made in lieu of allowing appropriate rostered days off. He indicated his agreement to the Commissioner's proposal was given on the clear understanding that payment in lieu of rostered days off would only be made in exceptional and unforeseen circumstances. Mr. McDermott concluded by expressing the Association's concern that staffing levels were, in any case, still below those considered minimal for the proper functioning of the Marine Division.

Assistant Commissioner Swinton assured the Commission that the intention of the Commissioner in filing the application was to ensure that any member who was unable to enjoy his rostered day or days off due to special or unforeseen circumstances, would none the less be entitled to appropriate monetary compensation.

He then explained that, at this stage, Water Police are not part of the Marine Division. Nevertheless, it was the Commissioner's wish that they also be catered for as part of this application. For that reason, the application had been framed with the intention of covering all members required to perform seagoing duties on rostered days off.

I was also informed that the application fell within the guidelines and that the cost involved would be minimal. But this would be relatively cost free only if the particular provision was invoked in cases when circumstances beyond the control of the Commissioner necessitated a member being recalled or held on duty on his rostered day off. Mr. McDermott on the other hand reiterated the Association's view that any alteration to the award should not be seen as a mechanism for circumventing establishment levels by means of requiring existing personnel to forego rostered days off in order to overcome staffing deficiencies.

Decision:

Having considered the views of the parties, I am satisfied that the award is presently deficient. It does not, so far as the Marine and Rescue District is concerned, cater for the occasional unplanned circumstance of police personnel being required to be at sea on their rostered days off. It is only reasonable therefore that suitable relief be granted by making appropriate provision in the award. This will facilitate payment of a penalty rate, plus seagoing allowance where applicable, on those (hopefully rare) occasions when members might be required to perform duties of this nature on what would otherwise be rostered rest days.

In deciding the matter in this way, it must be understood that the proposed variation is not to be regarded as a vehicle to be called in aid by the Commissioner in order to avoid his obligation to allow regular rest days off duty.

Operative Date:

I am of the opinion that this matter could have, and with hindsight should have, been dealt with as part of T. 173. The award will therefore be varied in the manner requested and will take effect from the same date as the earlier variation, namely, 24 July 1985.

 

L.A. Koerbin
PRESIDENT