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Tasmanian Industrial Commission

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T4810

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Commissioner of Police
(T4810 of 1994)

POLICE AWARD

 

PRESIDENT F. D. WESTWOOD

HOBART, 01 February 1994

Award variation - conditions of employment - shift work and public holidays

REASONS FOR DECISION

This application by the Commissioner of Police sought to vary the Police Award to provide for officers in the positions of Superintendent, Assistant Commissioner and Deputy Commissioner to work shift work and public holidays, and in recognition thereof to receive a 7.5% loading in salary.

Mr Ogle said the purpose of the new allowance was to remunerate these senior officers for new work conditions to be imposed by the employer. He said the Commissioner required the ability to ensure that a senior officer presence was available at all major incidents and on a regular basis at the peak duty times which, in the main, occurred other than in the daylight hours, Monday to Friday. The proposal envisaged work being organised over an eight week cycle involving rostered hours including up to two weekend days, public holidays and five nights or evenings in each cycle. The Commissioner estimated that an appropriate remuneration for this arrangement was 7.5% of base salary.

The Commissioner of Police was committed to making senior managers more available to lower ranks to provide guidance, leadership and assistance, and consequently increase the effectiveness and efficiency of the Police Force.

It was submitted that a new allowance such as that proposed was contemplated under paragraph 2(b) of the Allowances Principle, as set out in the current Wage Fixing Principles of the Commission. The rates to be applied to the new work to be assessed by reference to the value of the work already covered by the award.

The changes would affect the work of the Deputy Commissioner and two Assistant Commissioners and eight Superintendents (four District Superintendents, and the Superintendents in charge of Management Support, Operations Support, Recruitment and Training, and Internal Investigations).

The new working conditions would be introduced with effect from the first full pay period to commence on or after 20 March 1994, the date on which the new shift arrangements for the force as a whole commence.

The General Secretary of the Association, Mr LeFevre, supported the proposal and the submissions of the employer.

I accept the proposition advanced by the Commissioner of Police and commend its purpose which, as I understand it, is to ensure that these most senior officers, including members of the corporate management group, are available and seen to be present at times of most demand. This must enhance the efficiency and effectiveness of police operations generally and promote a greater public awareness and appreciation of the importance attached to certain police activities and responsibilities. The rate of remuneration for this additional work is approved subject to a review, twelve months from the date of operation to establish whether or not the allowance appropriately compensates for the amount of shiftwork and public holiday work involved.

I am satisfied that the new allowance is available for determination under the current wage fixing principles and the proposed operative date of the first full pay period commencing on or after 20 March 1994 is approved.

The appropriate order [correction order] will be contained in the order for the new Police Award, to be issued as a result of my decision in Matters T2516 of 1990, T3119 of 1991, and T4214 of 1993.

 

F.D. Westwood
PRESIDENT

Appearances:
Mr. D. LeFevre for the Police Association of Tasmania
Mr F. Ogle for the Commissioner of Police

Date and Place of Hearing:
1994
Hobart:
January 10