T9640
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Police Association of Tasmania POLICE AWARD
Award variation - amalgamate and replace existing award and three enterprise agreements - consent matter - award consistent with wage fixing principles and public interest - application approved - various operative dates REASONS FOR DECISION On 26 June 2001 an application was lodged by the Police Association of Tasmania (PAT), pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Police Award. When this application came on for hearing Mr M Kadziolka, together with Ms A Bradford, appeared for the Police Association of Tasmania. Ms S Pavier, together with Mr F Ogle, appeared for the Commissioner of Police. Mr Kadziolka explained that this application was effectively a consent Award designed to amalgamate and replace the existing Award and three Enterprise Agreements which had been in place since the 1993 special case. This would result in salaries and conditions being incorporated into one document. In addition the new Award reflects the most recent round of workplace bargaining. Mr Kadziolka explained in detail the changes resulting from this most recent agreement together with the Award variations resulting from the amalgamation process referred to above. From the submissions of both Mr Kadziolka and Ms Pavier it is clear that two recurring themes had a dominant role in the negotiations. Firstly, community feedback had consistently placed a high priority on a physical police presence and as a consequence the Commissioner of Police instructed Departmental representatives to "focus their attention during negotiations on a combined package that recognised members delivering and undertaking a front line policing role ... including services in regional and isolated areas".1 The second element was a clear commitment from the parties towards the implementation of "family friendly" policies. These two themes are readily apparent in many of the changes, the more significant of which are summarised below: Salaries The agreement provides for salary adjustments in accordance with the following schedule: 3% from ffpp 1 February 2001 One and Two Member Stations The allowance for a one member station increases from 32.5% to 35% of normal salary. This allowance will apply to designated two member stations from 1 July 2002. In the meantime overtime, shift and penalty provisions will continue to apply. Specialist Squad Allowance This is a new allowance for constables and inspectors who undertake a secondary role. The relevant squads are the Special Operations Group, Negotiators, Bomb Disposal and Search and Rescue. Recipients of the allowance are required to maintain fitness, operational readiness and competency. Front Line Competency Allowance This is a new allowance to take effect from 1 September 2002 and is designed to encourage members to become and remain operationally competent. To attract the allowance it will be necessary to be validated in OC spray, baton, firearms, vests and handcuffs as well as being able to perform operational duties. Hard to Fill Isolated Positions Mr Kadziolka explained that whilst the Commissioner of Police has the capacity to transfer police officers virtually as of right, forced transfers were often unsatisfactory for both parties. This new provision formalises the ability to negotiate a "package" and thus provide the incentive to attract members to "hard to fill" stations. Issues open for negotiation are listed in the Award clause but the parties are not limited to these items. Mr Kadziolka said that it was envisaged that enforceable agreements will be established and both parties will be obliged to comply. Expense Related Allowances Such allowances have been increased by 5.3%, being the movement in the 8 capitals CPI in the period March quarter 1997 to March quarter 2000. No adjustment has been made for the most recent 12 months pending a broader assessment of the impact of the new taxation system. Transfer Expenses This clause has been substantially rewritten to remove grey areas and improve certain conditions. It also contains a new provision titled Education Assistance Allowance which provides for a payment of up to $500 per child for the reimbursement of actual costs associated with a transfer from one school to another. Carer's Leave This provision has been extended to allow a member to care for dependent children who are not sick in circumstances whereby the primary carer is unavailable due to unforeseen circumstances and no other suitable care is available. Maternity Leave Provision has been made for up to 12 weeks' paid maternity leave. Part Time Service Ms Pavier explained that, consistent with the family friendly initiatives and subject to the exigencies of the Department, any position within the organisation can now be applied for on a part-time basis. Rosters This clause has been substantially revamped. Key changes include: · A rostering reformation review will be undertaken as from 1 December 2001. · Agreements which vary from the Award may be reached in individual areas where business benefits are demonstrated. Such agreements require a minimum of a 60% majority support. · To meet operational demands additional afternoon shifts may be worked as night shifts, provided that shift and penalty loadings are not reduced. · Maximum hours for night shifts have been increased by 4 hours to 48. · The minimum break between shift sequence changeovers has been reduced from 12 to 10 hours. Shift and Penalty Allowance This clause has also changed substantially. The 24 hour rotational shift and penalty allowance is to increase from the current 25% to 25.75% on 1 September 2002 and to 26.25% from 1 January 2004. There is a new requirement for members to be able, available and actually work a minimum of 100 hours per quarter on shift work. Mr Kadziolka acknowledged that this requirement was part of the legitimate desire of the controlling authority to provide the maximum operational presence. He advised that the PAT did initially have some concerns as to the application of this provision but these had been successfully resolved. In this context the following extract from a communication from the Commissioner of Police was read into transcript:2
Salary Sacrifice This will now be available in line with the State public sector. No Extra Claims This clause precludes the pursuit of any claims relating to salaries or conditions, other than expense related allowances, prior to 31 January 2004. Matters Outside the Award Mr Kadziolka recorded on the transcript undertakings in relation to a number of issues which the parties considered were better dealt with in correspondence rather than the Award. These understandings related to the resourcing of the move towards increasing front line policing and research to be undertaken in consultation with the PAT in respect of family friendly policies. Wage Fixing Principles and Public Interest Mr Kadziolka submitted that the approval of this consent Award was consistent with the Commission's stated aim of encouraging workplace bargaining. He further submitted that the issue of incorporating past enterprise agreements was not proscribed and in the instant case it made good sense in that it formalised the outcome of the workplace bargaining process and will provide for better management. Mr Kadziolka submitted that the prospect of returning to the pre-existing Award conditions, particularly the rostering provisions, would create chaos and undermine industrial stability for what is obviously a critical public service. He said that it is "clearly in the public interest to have a seamless transition from one bargaining period to the next for the police service with the ability to have the mechanism of arbitration to deal with matters as required ..." Mr Kadziolka further submitted that approval of the Award would not have any adverse economic impact. In supporting the submissions of Mr Kadziolka, Ms Pavier said:3
Decision I am satisfied that the proposed Award is consistent with both the Wage Fixing Principles and the public interest requirements of the Act and I have no hesitation in approving the Award. The parties are to be congratulated on successfully negotiating an Award which has much to commend it in terms of flexibility and innovation. I am confident that it will prove to be entirely consistent with and supportive of the respective and indeed joint objectives of the parties. The major drafting task is also worthy of commendation. Pursuant to Section 24 I determine that the Award will be made in the terms of the document submitted, as amended during the hearing process. This includes the various operative dates specified in Clause 4. The order giving effect to this decision will be issued separately.
Tim Abey Appearances: Date and Place of Hearing: 1 Exhibit A1
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