December 1998 Volume 79 Number 12 "serving the protectors"
Industrial Front
By Andrew Murray and Mark Carroll

Enterprise Bargaining Implementation

Over the coming months this column will feature items regarding implementation and other aspects of the new enterprise agreement (EA98). This month we look at aspects of translation ie how members move from the old structure to the new one.

Members will translate (upon ratification of EA98) to the salary point in the new structure equal to their salary under the old structure. For constables this means moving to a point (increment) of equal value. For other ranks identification with a “band” shall be replaced with identification with an “increment” of equal dollar value.

An 11th increment constable promoted to senior constable will commence at senior constable increment 2.

Members selected for promotional positions - advertised before 13 November 1998 - will be paid the relevant rank and banding that the position was advertised at, and translate across to the corresponding increment level notwithstanding that the appointment was made after EA98 comes into effect. (The restructuring allowance of $800 will not apply).

The restructuring allowance will be paid only to employees who hold permanent substantive band 4 positions on the date that EA98 comes into effect. The allowance will be paid from July 1999 and will remain while that employee maintains that rank.

STAR Division, Criminal Investigation Branch and Prosecution employees who have been selected into substantive positions prior to the approval date of EA98, shall have their salaries translated across to the corresponding increment level with the banding level of the position. Timed and competency progression steps to relevant ranks and bands will continue in accordance with current practices and the corresponding increment levels will apply.*

Employees who have completed the pre-entry requirements for the STAR Division, Criminal Investigation Branch and Prosecution but have not been selected into substantive positions into any of those areas, on or prior to the approval date of EA98 shall have their salaries translated to the rank and increment levels corresponding to their substantive rank and banding. Their substantive rank and increment levels shall continue on subsequent entry into either of the three areas and their progression to higher increment levels will be in accordance with the structure outlined in the EB document.*

Employees performing extended duties after ratification of EA98 (Clause 15 of the Police Officers Award) will commence the relieving at the lowest increment of the rank being relieved with the exception of constables on increment 11 performing the duties of a senior constable who will be paid at the higher increment in the same manner had that person held the position in a substantive capacity.

Members who were relieving between 1.7.98 and ratification will receive back payments at the relieving rate.

Members who relieve prior to ratification and continue to relieve afterwards, will continue to do so at the same rate.

At the time of writing PASA was negotiating with SAPOL, the definition of “ selected into a substantive position”.

OHS & W Audit

All Government departments are required by December 1998, to attain a Level 3 Rating from the WorkCover auditors. SAPOL will not attain this rating. It has failed to attain a Level 1 Rating in the latest assessment compiled in September 1998. SAPOL is a “Self Insurer”, and as such must attain a Level 3 rating to remain a self insurer. To attain a Level 3 rating sometime in the future, SAPOL will need to be properly resourced and review the resources currently allocated to OHS & W. The creation of the LSA’s provides a window of opportunity for SAPOL to focus on OHS & W issues and allocate designated positions in the new structure whose primary responsibilities and accountabilities will be in regard to OHS & W. PASA will observe with interest what plans SAPOL develops in pursuit of Level 3.

They’re Not Paying Overtime

It is becoming increasingly obvious that members are being conditioned (due to budget cuts) into not claiming for overtime. There are many problems associated with this conditioning. Firstly, it is illegal to be coerced into falsifying your timesheet or log. If you do so, you may be charged with a breach of regulations. Such a falsification may see you demoted. Just because you think it is in SAPOL’s best interest to do so, will not provide you immunity. PASA’s advice cannot be any stronger: do not falsify your timesheet. You should place on your timesheet the hours you have worked. If you choose to take time in lieu and your manager agrees, then this should be recorded accurately also. If you are coerced into taking time in lieu, you should contact PASA immediately. It is in all of our interests that overtime is recorded properly. It impacts on many areas, including workcover, statistics, and budget allocation.

Computer Access

PASA reminds members to be vigilant in the correct procedures as specified in General Orders relative to accessing information on the police computer systems. Everything you do on the computer is recorded. It can be checked via an audit process. If you do not have sufficient cause or reason for accessing any particular information then you can be charged with a breach of regulations. It is important to also consider the general order relative to conflict of interest.

Mobile Phones

At the time of writing (10.10.98), the Association is aware of the SAPOL draft policy relative to carriage and use of personal mobile phones. The Association has sought discussion with SAPOL relative to this issue. Where members carry mobile phones for reasons of health and welfare they should advise their officer-in-charge of the reason. If an officer-in-charge refuses the carriage, then members should ask that such refusal be in writing. Members should then provide a copy of the refusal to the Association immediately. The Association is as frustrated as members relative to this policy. The Association will advise members of the discussions with SAPOL regarding this issue in due course.

Know Your Award

Clause 10 (e) & (f): Meal Breaks

(e) Meal breaks occurring during ordinary time, as specified by the approved roster, shall not be considered hours worked and shall be of not less than 30 minutes and not more than one hour’s duration.

(f) When an employee is interrupted during a meal break by a call to duty, such meal break shall be counted as time worked and the employee shall be allowed a meal break as soon as practicable. Should it be impracticable for the employee to have a meal break during the remainder of his (sic) ordinary working hours, he (sic) shall receive overtime pay for the interrupted meal break.

SAPOL’s instructions to the Award state:

When a member is unable to take a meal break, that member may be permitted to complete the shift at a time earlier than the rostered finishing time equivalent to the period of the meal without loss of pay after eight hours work.

Members should be aware that your timesheet should accurately reflect the time you took your meal break, and should coincide with that of your patrol log. The Association was informed of one manager interviewing subordinates recently regarding discrepancies. In the climate we work, corner cutting can result in breach-of-regulation charges. You should protect yourself at all times for if someone’s looking at you, they may need to look no further than your timesheet and patrol log. It may not seem so important now, but we have examples of members disciplined regarding this.

EA98 Questions

Whatever questions you need answered regarding the new agreement, please do not hesitate in contacting the Association. We are only too happy to assist in solving your queries.

Season’s Greetings

Please have a safe and merry Christmas and New Year. It has been a demanding yet rewarding year industrially with the Association having a number of successes. These would not have been possible without the active interest and involvement of delegates and members. We wish all members a successful 1999, and encourage your continued interest in this column throughout the New Year. Your queries and suggestions will continue to be welcomed. Stay safe.