T13764
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s23 application for award or variation of award
Police Association of Tasmania
(T13764 of 2011)
DEPUTY PRESIDENT TIM ABEY
HOBART, 3 March 2011
Award variation - consolidation
REASONS FOR DECISION
[1] On 22 February 2011, an application was lodged by the Police Association of Tasmania, pursuant to s.23 of the Industrial Relations Act 1984, to vary Police Award. This application seeks to replace the existing Award with a new consolidated document representing the agreed outcome of extensive negotiations over a number of months.
[2] The Agreement is reflected in a document known as the In Principle Agreement tendered during the proceedings1. The objectives of the agreement read as follows:
• “Provide conditions of employment which facilitate Tasmania Police’s achievement of its Strategic vision and mission.
• Provide a framework which supports skills development and leadership advancement within the organization by the recognition of specialist squads.
• Recognise the contribution that country police make to their community.
• Reward those members who work unsociable and intrusive hours.”
[3] Both parties comprehensively addressed the changes resulting from this agreement, with such explanation and commentary being reflected in the transcript. In summary, the agreement provides:
• Annual salary adjustments of 3% over the life of the agreement.
• Incorporation of part or whole (depending on rank) of the existing Shift and Penalty Allowance into the base salary prior to the first adjustment referred to above.
• Additional productivity payments for Inspectors coupled with substantially revised working arrangements, including a requirement to manage their own time.
• Adjustment and realignment of existing Shift and Penalty allowances.
• Deletion of the Recreation Leave Allowance.
• A comprehensive revision of working arrangements applicable to Country and Community Police (formerly referred to as 1 and 2 person stations).
• New arrangements in relation to the Specialist Allowance which recognizes new groups and areas as specialists and does not discriminate between full-time and secondary role members. The provision also addresses the matter of ‘training days’ and the requirement to work ‘additional hours’ where there is a demonstrated need.
• Existing provisions relating to ‘Competencies’ are deleted.
• Dog Handlers Allowance is increased from $8591 to $10500 pa.
• A new provision which provides for a Constable who assumes the functions of a sergeant on a short term basis to be paid a Shift in Charge Allowance.
• The existing In Charge Allowance (9.2) is removed.
• Clauses relating to rosters and shift and penalty allowances are varied to reflect the new arrangements.
• The Sea Going Allowance is increased from 50% to 60%.
• A new Detectives Allowance is included.
• A number of miscellaneous award variations.
[4] The Commission was advised that every effort has been made to ensure that existing members are not disadvantaged as a consequence of the new arrangements.
[5] The new Award contains a Leave Reserved provision together with a No extra Claims clause applicable until 30 June 2013.
[6] The Commission was advised that there had been extensive consultation with Police officers covered by the Award and the new agreement had been widely endorsed.
[7] I have no hesitation in finding that the application is consistent with the public interest provision of the Act.
[8] The Application is granted, operative from the beginning of the first pay period to commence on or after 1 March 2011 unless otherwise specified.
[9] The order reflecting the new consolidated Award follows.
Tim Abey
DEPUTY PRESIDENT
Appearances:
Ms A Smith and Mr M Kadziolka for Police Association of Tasmania
Mr T Martin for the Commissioner of Police
Date and place of hearing:
2011
March 1
Hobart
1 Exhibit A1 Tasmanian Police Enterprise Agreement 2010 - In-Principle Agreement