Mar 2001 Volume 82 Number 3
"serving the protectors"
| Mar 2001 Volume 82 Number 3 "serving the protectors" |
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| By Mark Carroll PASA Assistant Secretary |
Operational investigators’ allowance – offer to part-time members
PASA and SAPOL have for some time been negotiating for the operational investigators’ allowance to be offered to part-time employees. It has since its introduction been denied to those part-time employees working in areas where the allowance applies.
As a result of continuing negotiations, SAPOL will now offer part-time members the ability to receive the allowance in lieu of shift penalties payable vide the Police Officers Award.
Of importance is that part-time members have a choice as to their acceptance of this allowance. Those members who wish to access the allowance, be advised that a key component of the allowance is that members will be required to participate in flexible rostering with varied patterns of work that will be driven by the intelligence-led philosophy of crime management operating within SAPOL. This could effectively mean that part-time members accepting the allowance cannot rely upon agreed roster arrangements as attached to their part-time contract.
Notwithstanding this proviso, predictable patterns of work will be maintained wherever practicable.
Members who require clarification should contact me at the Police Association.
Clause 14(c) Police Officers Award
I thank many clause 14 members who have stood up to be counted recently regarding this issue. Clause 14(c) provides payment to clause 14 employees required to perform specific road traffic duty on pm shifts, Saturdays, Sundays or public holidays. Penalty payments only apply to the actual hours worked on specific road safety duty.
SAPOL generates statewide traffic operations over public holiday long weekends. LSA commanders then issue instructions to clause 14 members that, as part of their duties, they will police their districts in line with the statewide campaign, with the rider being that it is not a specific order for road safety duty. Payment has therefore been declined in line with clause 14(c).
This issue was the cause of dispute over the June 2000 long weekend campaign, Operation Octopus. Clause 14 members were required to work on the public holiday (no grace days!) and, as part of their duty, attend to the policing of the traffic campaign, hence the clause 14(c) payment. Members’ claims were rejected in the first instance.
The association notified SAPOL of the issue and, after protracted negotiations, was advised by the HRMB manager that members with valid clause 14(c) claims should resubmit them for payment. Further, the HRMB manager is to initiate discussions with relevant senior managers responsible for “specific road safety duty operations” to inform them of the requirements of clause 14 (c).
Generic issues regarding clause 14 will be further progressed in enterprise bargaining.
Long-service leave
There appears to be a general lack of understanding throughout SAPOL with regard to the ability of members to access long-service leave entitlements.
The Commissioner for Public Employment circular governs the process of approving long-service leave applications. It is granted under the Public Sector Management Act. It is referred to in SAPOL general orders (page 136). Employees are expected to give a reasonable period of notice of their intention to take long-service leave and, in most cases, one month should be sufficient.
If a chief executive officer is unable to agree to a request then a mutually acceptable commencement date and period should be sought, and appropriate arrangements will be made to grant leave to the employee as soon as practicable. An application must not be deferred indefinitely.
In general orders, the Commissioner of Police states that applications will usually be granted, provided the time taken is convenient to SAPOL. SAPOL has in the past declared its intention to cancel all forms of leave for special events such as the Christmas-New Year period 1999-2000, or the Olympics. These are bona-fide and justifiable reasons.
The employer (or your officer-in-charge) might deny an application for long-service leave on grounds outside of your control. This may include issues such as SAPOL not recruiting enough staff, not providing relieving officers, not providing enough supervisory ranks, or an inability to roster personnel appropriately. In such cases, you can through your association challenge the decision to deny your application for long-service leave.
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