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IR News
Force plays the blame game –
it should just play by the rules
The Police Association has held the Victoria Police Force to account in relation to
attempts to ‘streamline’ the selection process for recently advertised Detective Senior
Constable positions.
T
he Force’s Transfer & Promotion
Unit (TPU) refused to play by
the rules by excluding local
representatives from the selection
panel for these positions.
These attempts to unilaterally
change the selection process clearly
breach the Transfer & Promotion
Policy set out in the current
industrial Deed of Agreement. The
TPU also broke the rules by failing
to consult with the Association
before deciding to dispense with
local representatives on selection
panels for these positions.
The Association was determined
not to allow the TPU to arbitrarily
change the rules. The TPU
advised the Association that it has
‘reluctantly taken action to withdraw
all but the Crime Department Senior
Constable positions’.
When the TPU notified applicants
of this decision they disingenuously
sought to blame The Police
Association.
It is extremely disappointing that
the TPU has resorted to playing the
‘blame game’. The TPU is pointing
the finger at the Association
to deflect from its own wilful
disregard of the rules.
If the TPU simply played by the
rules in the first instance, it could
have avoided placing itself in the
embarrassing position of having
to withdraw these positions and
in the process inconveniencing the
many members who had applied.
The Police Association makes
no apologies for holding the Force
to account. It must adhere to the
process set out in the Agreement
to ensure a fair selection process
for candidates and to select the
best member for the job.
We can assure members that we
will continue to closely monitor the
activities of the Force’s Transfer
and Promotion Unit to ensure
that it sticks to the rules and lifts
its game to achieve much-needed
improvements to their levels
of service to members.
Excessive Hours for
Commuted Overtime Members
A full bench of the Australian Industrial Relations Commission (AIRC) last month
handed down its appeal decision, overturning the original decision on the excessive
hours dispute.
I
n July 2008, the AIRC handed
down a decision supporting
the Association’s view that
the excessive hours penalty for
members should be 150% of
the base hourly rate. The Force
appealed this decision.
As a result of that appeal, the AIRC
determined that the penalty should
be 50% of the base hourly rate.
The Police Association is naturally
dissatisfied with the result. It is also
disappointed that the Force lodged
an appeal against the AIRC’s original
decision that would have seen
members appropriately compensated
for the hard work they do.
The excessive hours penalty was
seen as a practical method to limit
the hours worked by members.
A significant penalty would provide
a disincentive to the employer to
require non-urgent tasks to be
performed.
While members are obviously
required to work reasonable
March 2009 The Police Association Journal
overtime, ‘reasonableness’
as defined in the Workplace
Agreement should take into account:
• any risk to members’ health and
safety.
• the operational requirements
of the workplace and
• the member’s hours of work
in preceding weeks.
The Police Association’s industrial
team is available to offer advice
about excessive hours and can be
reached on (03) 9495 6899.
www.tpav.org.au
Legal/Discipline News
The ‘Fast Track’
Discipline System
In November 2008, members of the Legal Section of your Association were invited
by the Discipline Advisory Unit to discuss ways in which certain elements of the
discipline process could be streamlined.
I
t was apparent through these
discussions and through
experience that members who
had been the subject of a discipline
investigation were experiencing
inordinate delays in having
their discipline matters finalised.
These delays were in some cases
having an impact on transfer and
promotion and more importantly,
the health and well being of the
members involved.
As a result of our discussions with
the Discipline Advisory Unit, it was
agreed that a process be developed
to expedite some discipline matters
in a manner that would ensure
appropriate outcomes and that
would be in accordance with the
statutory requirements under the
Police Regulation Act 1958.
A model known as the ‘Fast Track’
model was developed. This model
is based upon the principle that the
behaviour of some members would
normally expose them to a level one
inquiry and, based upon the facts of
the discipline charge, the member
would admit to the charge.
Upon admission of the charge,
the member’s advocate from The
Police Association would engage in
consultation with the hearing officer
- who under this model would be a
Commander - and an appropriate
sanction would be negotiated. Should
the member be receptive to the
proposed outcome, then a shorter
Incremental
Progression
A
number of members have
been unfairly denied
progression to the Leading
Senior Constable classification.
Members have been refused
progression because they are not
OSTT qualified or have had their
progression delayed because the
necessary paperwork was not
processed on time.
In relation to the requirement for
OSTT, the Association believes that
the Force is applying the Agreement
unfairly and incorrectly. In some
instances the Force has refused
members progression because
they don’t have OSTT, while other
members performing the same work
duties have not been required to
have OSTT and have progressed.
The Force has looked at the
requirements of the position
www.tpav.org.au
version of the discipline inquiry is
conducted and the matter finalised.
Should a situation arise that the
member is not satisfied with the
outcomes of consultation or at any
time during the process, the member
can revert to having the matter
heard and determined under the
normal discipline inquiry process.
The ‘Fast Track’ model will enable
members to have some significant
involvement in the progress of
discipline charges levelled against
them. We expect that properly
applied, the process will bring
about speedy resolutions and in
turn minimise the impact of stress
and anxiety on members associated
with the generally lengthy process.
REMINDER
Cashing in and
purchase of leave
description of the position ‘owned’
rather than the requirements of
the position in which the person
was working.
The Association wants the Force
to develop specific guidelines
for progressing to LSC to ensure
that members’ progression is not
unduly delayed.
The Association has lodged
a dispute in the Australian
Industrial Relations Commission
(AIRC) to resolve the matter and
at the time of writing, was in
ongoing negotiations with the
Force. We have also raised the
issue of delays with progression
PDAs resulting in delayed wage
increases when members move
up to a higher increment.
The parties are due to report
back to the AIRC in early March.
Members will be aware of the
provision in the Workplace
Agreement 2007 that allows
members to purchase an
additional two weeks leave
or sell two weeks (10 days)
of their Accrued Time Off.
Members who are intending
to purchase or sell leave are
reminded that their application
must be fully approved by the end
of this financial year. Failure to
complete the process by this time
will exclude members from being
able to buy or sell their leave.
Members should also be
aware that the Force has now
proposed to members to sell
just five ATO days. Previously,
if members wanted to sell their
ATOs, they had to sell all 10.
If you require advice about
cashing in or purchasing
leave, contact the Association’s
industrial relations section.
The Police Association Journal March 2009
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