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T6969

 

TASMANIAN INDUSTRIAL COMMISSION

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

Police Association of Tasmania
(T6969 of 1997)

POLICE AWARD

 

DEPUTY PRESIDENT B R JOHNSON

HOBART, 17 June 1997

Award variation - insertion of carer's leave and disputes and grievance procedure - application approved - operative date ffpp 12 June 1997

REASONS FOR DECISION

By application lodged on 15 May 1997 the Police Association of Tasmania (the Association) sought to vary the Police Award by inserting therein "... a Carer's Leave subclause in accordance with the Full Bench decision in matters T6296 and T6441 of 1996 and a Disputes and Grievance Procedure clause".

When the matter came on for hearing on Thursday, 12 June 1996 Mr M Kadziolka appeared for the Association and Superintendent S C McClymont appeared for the respondent employer, the Commissioner of Police (referred to in the award as the "Controlling Authority").

Mr Kadziolka, after seeking leave to make minor amendments to the draft variation as lodged, informed me that the proposed Carer's Leave subclause closely follows the model clause appended to the Full Bench decision of 23 December 1996 in matters T6296 and T6441 of 1996. The areas where the proposed variation differs from the model clause, he continued, are:

Grievance Process: The Disputes and Grievance Procedure is a provision of general award application, rather than being a process limited solely to Carer's Leave.

Facilitative Provisions: No facilitative clauses appear in the proposed variation because the Police Regulations 1974, the Police Award and the registered Police Force Enterprise Agreement for Constables and Sergeants already makes provision for, respectively, "single day annual leave absences", "time off in lieu of overtime" and flexible "rostered days off". Concerning "make up time", Mr Kadziolka said that the Association is not currently contemplating a condition of employment of this nature.

Mr Kadziolka submitted that because the proposed variation complies with both the current Wage Fixing Principles and the Carer's Leave Full Bench decision of 23 December 1996, nothing in the application is inconsistent with the public interest. In the circumstances, he continued, the Commission should grant the application with an operative date effective from the date of decision.

Superintendent McClymont supported the Association's submissions and, on behalf of the "Controlling Authority", consented to the proposed variation, as amended, from date of the Commission's decision.

After hearing the parties and satisfying myself that the proposed variation contains no elements contrary to the public interest, as represented by the Wage Fixing Principles, the Carer's Leave Full Bench decision and Section 36 of the Industrial Relations Act 1984, I approved the application and indicated that I would vary the award in terms of the amended draft variation order. My Order to that effect, operative from beginning of the first full pay period to commence on or after 12 June 1997, accompanies these Reasons for Decision, which confirm my extempore decision of 12 June 1997.

 

B R Johnson
DEPUTY PRESIDENT

Appearances:
Mr M Kadziolka for the Police Association of Tasmania.
Superintendent S C McClymont for the Commissioner of Police.

Date and Place of Hearing:
1997
June 12
Hobart