T13442 Directions
TASMANIAN INDUSTRIAL COMMISSIONIndustrial Relations Act 1984 Police Association of Tasmania and Commissioner of Police
RECOMMENDATION - ORDER No. 1 of 2010 [1] This is an application by the Police Association of Tasmania (the applicant) and relates to a dispute between the applicant and the Commissioner of Police (the Commissioner) about the application of clauses 9.3.5 and 8.5.1(d) and (e)(vi) of the Police Award 2004 as those clauses appeared and applied prior to the award being amended on 6 March, 2008. [2] The matter was listed for conference and the parties agreed to accept the recommendation of the Commission in settlement of the application. [3] The relevant clauses prescribed the following entitlement at the relevant time: Clause 8.5 Annual Salary Increment and Competencies prescribed at subclause 1(d): A member who has gained one of the competencies in paragraphs 8.5.1(e) shall have accelerated advancement by one salary level in the Constable range for each competency. This is subject to paragraph 8.5.1(f). Subclause 8.5.1(e)(vi) prescribed: One Member Station: Has been or is appointed to a one member station or has been seconded to a one member station for an aggregate of a minimum of 12 months. Subclause 8.5.1(f): prescribed: Only one (1) accelerated competency advancement may occur in any one year. The maximum number of accelerated competency advancements for 8.5.1(e)(i) (xv) that shall occur is two (2). : Clause 9.3 One and Two Member Station Allowance prescribed at subclause 9.3.5: A Constable appointed to a designated one or two member station will be paid a minimum salary level of Constable Level 6 whilst stationed at the designated one or two member station, with subsequent increments for the duration of the appointment. [4] The matter in dispute relates to the appointment of a member to a one or two member station (Woodbridge) on 20 August, 2007. At the time of the appointment the member was paid at a substantive Level 3. [5] The applicant argued that the proper application of the award required that the member be paid a minimum salary Level 6 [subclause 9.3.5] and in addition to the Level 6 salary receive an accelerated competency advancement in accord with subclause 8.5(e)(vi). [6] This would result in the member receiving a Level 7 salary at appointment. [7] The Commissioner argued that the differential between the members substantive level on appointment, in this case Level 3, and the requirement to pay a minimum Level 6, is treated as an allowance. [8] As such the entitlement to an accelerated competency advancement, as provided by subclause 8.5.1(d) and (e)(vi), is in addition to the substantive Level 3 salary, which then becomes a Level 4 salary entitlement. [9] However the award requires that a member appointed to a one or two member station receive a minimum salary of Level 6. In the Commissioners application the accelerated competency advancement is subsumed in the requirement to pay a Level 6 salary at appointment. Considerations [10] I have had regard to the submissions of the parties. [11] The requirement to a pay minimum salary Level 6 to a Constable appointed to a one or two member station is not an allowance, in my view. Subclause 9.3.5 prescribes and refers to a salary level not an allowance. An allowance already exists and is found at clause 9.3 One and Two Member Station Allowance where subclause 9.3.1 prescribes an allowance equivalent to 35% of the members normal salary etc… [12] In my view clause 9.3.1 prescribes the allowance, and the manner of payment of such allowance to apply to a Constable (or Sergeant) appointed to a one or two member station and the award prescribes a minimum salary level which will also apply. [13] The prescription to pay an additional increment for a competency held is found at subclause 8.5.1(d) and (e)(vi) and is in addition to the payment of the designated salary level, in this case salary Level 6. [14] Accordingly in my view the member, the subject of this application, should receive salary Level 7 from the date of appointment to the one or two member station. Other increments in accord with the award would accrue to the Member as appropriate and as entitled from that time. [15] I make such finding as the award does not designate the differential between the members substantive salary level at the time of appointment to a one or two member station as an allowance but prescribes a minimum salary level. [16] The differential is not considered under the Higher Duties Allowance at subclause 9.1. [17] The parties were informed of my recommendation following the conference and have agreed to accept its terms.
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