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T1763

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1763 of 1988

IN THE MATTER OF AN APPLICATION BY THE POLICE ASSOCIATION OF TASMANIA TO VARY THE POLICE AWARD

   
 

RE: RECREATION LEAVE ALLOWANCE

   

COMMISSIONER J G KING

HOBART, 10 January 1989

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Police Association of Tasmania

- Mr G. Philp

   

For the Commissioner of Police

- Inspector R. Ames

   

DATE AND PLACE OF HEARING:

 

20 December 1988 Hobart

 

The statement of particulars attached to this application reads:

"1. The applicant seeks to vary Clause 17 of the Police Award in relation to the maximum recreation leave loading payable to members where the allowance is calculated on the basis of 17.5% of normal salary.

2. The applicant seeks to delete Clause 17.2.3(b) and replace it with the following:

"In no case where the allowance is calculated on the basis of 17.5 per cent of the normal salary shall it exceed the allowance which would be payable to a Senior Sergeant on and from the first day of January in respect of all recreation leave accrued during the preceding twelve months.

3. The applicant seeks an operative date of 1 January 1989 in accordance with previous practice."

The current provision in Clause 17.2.3(b) reads:

"(b) in no case where the allowance is calculated on the basis of 17.5 per cent of normal salary shall it exceed $399 per annum, on and from the first day of January 1988 in respect of all recreation leave accrued during the preceding twelve months."

From the above it follows that the intention of the application is to not only update the rate from 1 January 1989, but also tie the new rate to an existing award salary level. If accepted by the Commission this would remove the need to vary the ceiling amount each year.

The updating of the maximum allowance is accepted by the Commissioner of Police, however, the claim that it should equate with the salary for a Senior Sergeant is opposed.

The current amount has its genesis in the Clerical Officers Award and in particular is derived from the Clerical Officer Class IX salary level. The recreation leave allowance for that classification is $432 per week. The current weekly rate for the Senior Sergeant is $435, a differential of $3 per week.

Mr Philp submitted that the variation was minimal and therefore could be sustained within the Wage Fixation Principles. A differential ,he submitted would not be a problem as there were already many in existence between the various groups of public sector employees.

He also indicated a clear preference by his Association for a reference to a classification within the Police Award rather than any other.

Inspector Ames submitted that the creation of a new differential in conditions between various groups of public sector employees was not desirable. He instanced the possibility of proposed award restructuring increasing the difference thus accentuating a potential problem.

While I appreciate and have some sympathy with the arguments advanced by Mr Philp, I believe I have no option but to accept the reality of the position advanced by the Commissioner of Police.

The Award will therefore be varied by increasing the current maximum amount from $399 to $432.

The agreed date of operation of 1 January 1989 is endorsed.

The Commission's order is attached.

 

J.G. King
COMMISSIONER