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T1697

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1697 of 1988

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

   
 

RE: HIGHER DUTY ALLOWANCE AND CALL BACK PROVISIONS

   

COMMISSIONER J G KING

HOBART, 7 November 1988

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Commissioner of Police

- Inspector R. Ames

   

For the Tasmania Police Association

- Mr G. Philp

   

DATE AND PLACE OF HEARING:

 

27 October 1988  Hobart

 

I was advised by the parties to this matter that the current higher duties allowance provision in the Police Award (the Award) was discriminatory in its application. The result being that some officers were excluded from its general benefit or from specific benefits in given circumstances.

The application is intended to rectify this situation so that the provision applies equally to all officers covered by the Award. The current standards are therefore not an issue. In fact it was highlighted that the provision prescribed the payment of a higher duties allowance after seven days, whereas the general standard in the public sector is now five or more days.

The variation to the Call Back provision is detailed in the application as follows

"By renumbering subclause 16.4.3 to 16.4.4 and adding a new subclause 16.4.3.

16.4.3 A member recalled to duty from an accrued day off (ADO) shall for the first four hours of that recall be paid at the appropriate overtime rate for the period actually worked. Where that member works in excess of four hours he shall not be paid overtime but shall be accredited with another ADO in lieu."

The intent of the above is clear. It will, allow officers being recalled to duty on their ADO (working more than four hours) to have an alternative day off, instead of being paid overtime.

This is a sensible provision which not only preserves the principle of the ADO, but could also have the effect of reducing costs.

I endorse both variations and vary the Award accordingly.

The Commission's order is attached and will apply from 27 October 1988.

 

J.G. King
COMMISSIONER