Apr 2001 Volume 82 Number 4
"serving the protectors"
| Apr 2001 Volume 82 Number 4 "serving the protectors" |
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| by Mark Carroll PASA Assistant Secretary |
Recall – minimum three-hour payment
The Police Association recently lodged an underpayment-of-wages claim in the South Australia Industrial Relations Court for a member who, at 5:40am, was telephoned at home and later claimed the minimum payment of three hours recall per clause 12(e) of the Police Officers Award (POA).
SAPOL refused the payment. It considered the circumstances were not within the ambit of the clause. The association disagreed and began formal proceedings.
The leading case in South Australia – on the interpretation of when recall commences – is a decision of the Full Industrial Relations Court relating to the St Johns Ambulance Service in 1992. In that case, the court held that it was the recall to duty that triggered the entitlement to the minimum payment, and that the minimum payment provided for is to compensate for the inconvenience suffered by the employee in having leisure time disrupted. It also acts as a deterrent to the employer calling an employee back to duty unnecessarily. In the case before Judge McCusker, it was made clear by the court that it is not necessary for the worker to attend any particular place, but rather that he or she be recalled to duty.
The sum claimed as the minimum three-hour recall payment was less than $100. The association was prepared to fund a trial to recoup this amount for the member as it has relevance to all members who, on SAPOL’s interpretation of the clause, would be forever denied payment under similar circumstances. The Crown – on behalf of SAPOL – settled the matter before trial therefore eliminating any prospect of an interpretive decision by the Industrial Relations Court. The member was therefore paid the full amount of the three-hour recall payment.
All members should be cognizant of the association’s position on this matter. We do, after all, ensure compliance by the employer to make payment per the conditions of the POA. If any member believes that they have been recalled to duty by being contacted at home, he or she should make a claim for payment. If it is denied, then, depending on the merits of each individual case and circumstance, the association may seek payment on members’ behalf and, if need be, lodge formal proceedings with the Industrial Court.
Tenure policy
The Police Association is negotiating with SAPOL over amendments to the current tenure policy. I continue to receive member complaints regarding the current policy and SAPOL’s enforcement of the minimum tenure requirement. The association is seeking to have the policy amended to expand the range of exceptions to minimum tenure. It is hoped this will alleviate some concerns currently expressed.
However, members applying for promotion need to understand that the Police Act allows the Commissioner to specify qualifications essential in respect of the promotional position which, in turn, binds the Police Review tribunal to the specific qualifications, experience or other attributes that the Commissioner might determine as necessary. If one is subject to minimum tenure, and not granted an exemption, it may be a futile argument that one should be considered on merit.
At the end of the day, members seeking promotion should apply for those positions in which they are willing to work for the minimum period. This issue will be further covered in future issues as amendments are agreed to the policy between the parties.
Enterprise bargaining
In December 2000, all members were issued with a brochure identifying PASA’s claim for the third round of enterprise bargaining. I have received numerous calls from members asking about PASA’s claim. (Yes, salary packaging is being sought.)
Copies of the brochure are available from the office.
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