March 1999 Volume 80 Number 3 "serving the protectors"
Industrial Front
By Mark Carroll  (markcarroll@pasa.asn.au)

Allowance in Lieu of Penalties

As part of the 1998 Enterprise Agreement, the Police Association and SAPOL agreed to discuss an all-inclusive allowance for CIB personnel. Clause 7.6.2. of EA98 states:

CIB ROSTERS: In the three month period from the commencement of this Agreement, the parties will examine the feasibility of introducing an allowance in lieu of shift penalties and overtime for CIB investigators who are shift workers. SAPOL reserves the right in the event that no agreement is reached to review current roster arrangements.

During negotiations prior to ratification of the agreement on 19 November ’98, SAPOL made an offer of 17% for CIB personnel, which included shifts overtime and public holidays. PASA rejected that offer which was subsequently removed from the final agreement and replaced with the above. After the agreement was ratified, a PASA working party was formed with members of the Crime Command Branch of PASA which has met on several occasions to discuss the issue.

On 20 January ’99 SAPOL made the following offer:

The introduction of an Operational Investigators Allowance for a twelve month period commencing 25 February 1999 a 15% allowance to be paid to all officers required to undertake shiftwork, who are attached to the identified functions within SAPOL, in lieu of shift and weekend penalty payments provided via Clauses 10 and 11 of the Police Officers Award. The allowance to be exclusive of work on Public Holidays and Overtime.

Two issues arise out of this offer. Firstly, SAPOL has moved away from including overtime and public holidays in a generic all-inclusive allowance. The Association working party prior to this offer had discussed the impact of overtime and public holidays being included and had unanimously rejected the concept. SAPOL’s position to exclude overtime and public holidays from the equation reflects the view held by the working party.

Secondly, the offer includes operational investigators. Under the Local Service Area concept, uniform and CIB personnel will be attached to the investigation unit. However, the enterprise agreement only mentions members attached to CIB. This raises the question that the offer may be an extra claim by the employer. Section 12 of the Enterprise Agreement is titled No Extra Claims which means that neither party during the life of the agreement (two years) can pursue claims except where consistent with and contemplated by this Agreement and except where consistent with the State Wage Case Principles, or its successor.

PASA is seeking advice on this matter.

SAPOL’s offer was based on the following principles and conditions:

• Trialed for 12 months with either party reverting to the Police Officers Award provisions.
• Investigators patterns of work are not as onerous as 24-hour general duties uniformed shift workers.
• Officers in receipt of the allowance shall be expected to participate in flexible rostering with varied patterns of work.
• Predictable patterns of work will be maintained where practicable however fixed roster cycles will be the exception.
• No limits will be set on the number of PM shifts that may be worked (however SAPOL anticipates fewer shifts will be worked.)

Personnel performing the following functions would be included in the allowance:

• Investigation Sections of LSA.
• Branches of Crime Support Service.

Functions not included were:

• Victim Contact Officers.
• Crime Scene and Family Violence Unit Officers.
• Clause 14 employees.
• Sexual Assault Officers.

During a trial period SAPOL would assess:

• Number of weekend days worked.
• Number of PM shifts worked.
• Number of Public Holidays worked.
• Amount of Overtime worked.

The working party rejected the offer of 15%. The rejection was endorsed by the Committee of Management of the Association.

The rejection was based on the following concerns:

• The 15% was an unacceptable quantum.
• The offer lacked sufficient detail relative to work patterns and rosters.
• There is a potential for abuse of officers on the allowance if no safeguards or guidelines relative to rosters and work patterns are included.

The rejection of the offer has been conveyed to SAPOL. PASA will continue to discuss the issue with SAPOL representatives and members will be advised of the outcome of these negotiations.