May 2001 Volume 82 Number 5
"serving the protectors"
| May 2001 Volume 82 Number 5 "serving the protectors" |
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| by Mark Carroll PASA Assistant Secretary |
Government Challenges Jurisdiction
The Police Association notified a dispute in the Industrial Relations Court (IRC) and Commission of South Australia relative to a part-time member's dispute regarding rostering in September 2000. The dispute could not be resolved between SAPOL and the association vide the grievance and dispute avoidance procedures contained in the enterprise agreement of 1998.
At the voluntary conference, the Department of Premier and Cabinet representative raised the issue of IRC jurisdiction to determine the dispute. On March 26, 2001, the Crown Solicitor's Office – acting on behalf of the Commissioner for Public Employment (CPE) – sought a determination by the Industrial Court of a question of law arising in the proceedings before the Industrial Commission. The CPE denied the assertion that the Industrial Commission had jurisdiction to hear and determine the dispute.
The issue requiring determination is whether the circumstances of the dispute come within the definition of an "industrial dispute" set out in section 4 of the Industrial and Employee Relations Act 1994 and, in essence, an "industrial matter". An industrial matter inter alia is defined in the act as:
...a matter affecting the rights, privileges or duties of employers or employees...or the work to be done in employment.
The Police Association believes the Industrial Commission has jurisdiction to hear and determine this matter. The CPE has, for some time, been raising this issue in other disputes, and clarification is required for both parties on the issue. The association has, on its member's behalf, instructed an industrial barrister to argue this point. The outcome will have ramifications for all members. If the association is successful, the merits of the rostering dispute can then be heard and determined.
Senior Constable Dispute
The Association is also before the IRC in relation to a dispute over the issue of the outdated reference of senior constable (not appointed). The association views the 1998 enterprise agreement, which makes no reference to senior constable (not appointed), provides pay rates for the classification of a senior constable. Subsequently, senior constable (not appointed) is entitled to be paid at the rate applicable to senior constable. SAPOL disagrees. This matter comes before the IRC for a directions hearing on May 9, 2001.
Workplace Consultative Committees
The establishment of joint employee association/management consultative committees (vide enterprise agreement 1995), was agreed between SAPOL and PASA to be the most appropriate method by which principles of information-sharing and effective consultation could be practiced and upheld. The workplace consultative committees (WCC) shall consult with respect to all change issues in the workplace, including, for example, the alteration to hours or patterns of work.
I have received many calls recently regarding roster changes in workplaces. Always, my first question is: "Has it been to the WCC?" The answer generally is: "No."
Members with an interest in their working lives – and the impact of changes in the workplace, particularly as they relate to rostering – need to become more vigilant in the process. Activism rather than apathy brings a far more balanced result.
The best example of a functioning WCC is at Serious Fraud Investigation Branch. It is quite rare for the Police Association to be requested to assist in workplace issues as these members effectively and efficiently deal with matters at the local level vide the WCC. The chairperson and secretary always forward a copy of the minutes to the association. These members are to be commended for their adherence to and involvement in this bona fide industrial process.
Enterprise Bargaining
The association is presently finalizing the specific detail to the generic claim circulated to members in December 2000. Once this process has been completed and endorsed by the committee of management, it will be forwarded to SAPOL and the Government.
Our EB claim has already received positive media comment (Sunday Mail February 4, 2001).
Further, of two articles I saw in The Advertiser (April 18, 2001), one revealed the heroism of Bob Stewart, who entered a burning house to save the life of a 15-month-old boy. Of his gallant act, we can all be proud. Well done, Bob.
The other piece described how a group of teenagers had bashed an off-duty police officer travelling to work on a bus. He (the officer) had asked the group to ease up with its behaviour, as passengers – including an elderly woman – had allegedly become annoyed and terrified. The officer emerged with a broken arm, as well as other injuries. This was yet another unselfish act. Well done, Whitey.
It's a tough job.
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