What is a shift-worker?
The Full Bench of the Industrial Relations Court (SA) dismissed an
underpayment-of-wages claim, funded by PASA for one of its members,
in May 2002. The issue at hand was the definition of a shift-worker.
For 30 years, SAPOL and PASA had interpreted “shift-worker” to mean
one member, or group of members, to be replaced by another member
or group of members who carry on work of the same nature for the succeeding
shift. If this test was not met, any member working a shift would
be entitled to payments prescribed in clause 11 of the Police Officers
Award.
The Full Bench held that:
Following consideration of the Award and as reflected by the agreed
facts of the case the Full Bench of view that the Police Force has
a structure different to other 24 hour operations requiring different
services at different times and notion of shift worker in Police Officers
Case not appropriate in respect of police work – No necessity for
shift worker to be replaced at end of his or her shift but differentiation
should be determined solely by consideration of the hours worked…
In this matter, the member worked a regular and consistent rotating
three-week day-and-afternoon-shift roster.
As a result of this decision, SAPOL has amended its instructions
in relation to shift-worker classification. For example, a member
classified as a day worker, working in a shopfront police station,
may be required to work an afternoon shift every Thursday night without
that shift being included on his/her Monday-to-Friday day-work roster.
Under clause 11 of the Award, that day-worker member receives the
appropriate 50 per cent penalty rate. SAPOL asserts that, as a result
of the Full Court decision, such a member is now only entitled to
15 per cent penalty for that same shift, as he/she is now classified
as a shift-worker and his/her roster amended accordingly.
PASA believes that SAPOL’s interpretation of the Full Court decision
is flawed. In the example above, it is not agreed that a member working
a late shift on Thursdays would be a rotation between two such shifts.
The award clearly contemplates that shift-workers work on rotating
shifts. In PASA’s view, day-workers who work regular (and non-ad hoc)
afternoon or night shifts that do not rotate one to the other, would
be day-workers, not shift-workers. Put simply, PASA does not believe
a shift needs to be irregular or ad hoc in order to attract shift
penalties in accordance with clause 11 of the award.
PASA has sought discussions with SAPOL on this issue. If agreement
cannot be reached, this matter will no doubt end up before the Industrial
Court.
Blue pencils
PASA received reports that members in some LSAs have had to buy their
own pens, as LSA stationery budgets are “tight”. Apparently, there
is not a pen in sight, and hasn’t been for some time – just empty
boxes where pens used to be stored in the stationery cupboards.
What might be available, however, is the bean counter’s blue pencil.
There’s been a large order filled, so stock is now abundant. But you
better hurry, as they are becoming the choice writing instrument for
many.
Far be it for me to speak for the Commissioner or Minister for Police.
Something tells me, however, that the “tight” budgets, and accompanying
budget containment strategies issued by LSA commanders, never envisaged
police officers having to buy their own pens to do their job.
I don’t think the notebook would look too good in court with notes
of observations and conversations written in blue pencil. There’s
also the need to carry a pencil sharpener and, maybe, a rubber. These
items are easily misplaced or lost, which would require the submission
of a SAPOL Property Damage/Loss Report (one would hope these forms
are computer-generated).
Satire aside, this says more about us if we accept the situation.
Common sense must prevail. If there are no pens in your workplace,
have your administration manager requisition some. And, if he/she
refuses, advise the Police Association so we can inform the Commissioner
and Minister. All in a day’s work.
A member recently brought a lateral transfer grievance to PASA.
Some 20 months earlier, he had submitted his application (PD65)
through his supervisors. The position for which he had applied was
of the same rank and a very similar position. SAPOL received the
application, a fact of which the member was notified.
Given that his documentation had been received and not challenged,
he held more than a reasonable expectation that the lateral transfer
would, at some stage, eventuate.
The member monitored the location he had applied for and became
aware that the position was soon to become vacant. He therefore
made further enquiries in order to progress his transfer.
He was told, however, that his requested move did not comply with
lateral transfer policy. He was also advised that previous management
had erred in its interpretation of the policy; and that the submission
of a PD65 brings not automatic endorsement of a lateral transfer,
but only consideration.
SAPOL has informed PASA that, now, when it receives PD65s, it adjudicates
them and advises members, at that time, whether they are eligible
to laterally transfer to the requested position.
This is a good practice. And another good practice would be for
SAPOL, once it has accepted a lateral transfer, to honour applications
irrespective of different views held by later management.
This would go a considerable way toward creating a trusting, caring
environment for SAPOL’s most valuable resource – its employees.
In your own interests, check with SAPOL to see if your lateral
transfer is still valid. Have it provide you with confirmation.
You should do this periodically, anyway, or at least at any time
when the management changes. It might well be that, as you waited
to score a transfer that would never come about, you have not applied
for other positions.
A raft of human-resource policies, including that of lateral transfer
(LTP), was published in the SA Police Gazette (August 11, 1999).
The intent of the LTP was reported as:
Lateral transfers are conducted to improve organisational efficiency
and provide flexibility in deploying members. While taking into
consideration their personal and career development needs, SAPOL
will utilise human resource management practices that are innovative
and practicable. An important requirement is an effective lateral
transfer system that is fair and equitable and allows SAPOL to place
members where they are needed to efficiently achieve its goals.
The Police Club – for farewells and other events
In recent months, I have attended two quiz nights at the Police
Club to raise money for the Power Blades Dragon Boat Club. Both
occasions were huge successes; and I was proud to showcase the venue
to the paddlers.
The Police Club, at 27 Carrington Street, is the last such club
in Australia. Its creators established it as a means to promote
friendship, goodwill and esprit de corps among members – and their
families and friends.
Many older police officers would remember that, when our shifts
allowed, we never missed a pay night at the club. This vibrant social
interaction with colleagues and friends became a tradition. But
times have changed. Many social and sporting clubs have felt the
brunt of changed lifestyles and social habits.
Fortunately, with intelligently restructured restaurant management,
the Police Club doors have remained open.
For police, the club provides intimacy and a sense of belonging,
which is evident when one hosts specific police functions.
Some members celebrate their birthdays, and hold engagement parties
and wedding receptions at the club.
Other occasions celebrated at the club are the traditional course
reunions, and farewells that come about through transfers, retirement
or resignation. As well, sporting clubs from within the membership
hold their end-of-season dinners, and presentation and fund-raising
evenings at the club.
If you have to organize a venue for an event such as these, give
Heather a call at the Police Club and let her do all the hard work
for you. She will provide you with a host of options to suit your
needs, and thereby ensure that your occasion is a success.
