Industrial

I

Steve Whetton Assistant Secretary Police Association

INDUSTRIAL Ground-breaking EA outcomes

The South Australia Police Enterprise Agreement 2021 was ratified on March 23 for three years commencing from the first full pay period on or after January 1, 2021.

Negotiations for a subsequent agreement will commence no earlier than three months before the nominal expiry date.

The outcomes of the agreement, particularly given the COVID-19 pandemic, were ground-breaking.

Police officers around the nation have, during the pandemic, had to operate under the most extreme demands. Nonetheless, other police unions’ negotiations are still progressing.

In New South Wales, the enterprise agreement expired in June 2020, when the government announced a pay freeze for public-sector workers. Subsequent arbitration led to a .3 per cent pay increase for 12 months.

The Police Association of NSW contested the decision and called numerous witnesses to provide evidence in the Industrial Relations Commission.

The NSW IRC decided to award police officers a 1.75 per cent pay increase from July 1, 2020. The variation to the award was lodged in May 2021. This award was for a one-year agreement.

The quantum for the July 1, 2021, increase is still subject to negotiation between the PANSW and Commissioner of Police. If required, the PANSW will again seek the assistance of the IRC to determine what is fair and reasonable.

In Western Australian, the industrial agreement operated until June 30, 2021. The WA government has a state wages policy which proposes a $1,000 per annum cap to salary and commensurate increases to conditions when industrial agreements are re-negotiated.

A $1,000 wage increase is on offer for an in-principle agreement by June 15, 2021, for the one-year term.

On May 5, the New Zealand government announced a three-year wage freeze for public-sector workers, right when New Zealand Police Association negotiators met New Zealand Police to begin the 2021 negotiations.

Right to disconnect

During the enterprise bargaining process, SA members contacted the Police Association for consideration and clarification of clause 59 of the Victoria Police Enterprise Agreement 2020.

The clause is titled Right to disconnect outside of effective working hours for Protective Services Officers, Constables, Senior Constables, Sergeants and Senior Sergeants.

It stipulates that: • Supervisors and managers must respect employees’ periods of leave and rest days. • Other than in emergency situations or genuine welfare matters, employees must not be contacted outside of the employee’s hours of work unless the employee is in receipt of an availability allowance pursuant to clause 56. • Employees are not required to read or respond to e-mails or phone calls outside their effective working hours.

It is important to note that the clause does not have penalty provisions at this time but may be expanded in future enterprise agreements. Managers and supervisors should consider whether contacting an off-duty member is truly time-critical and understand that the member will seek either recall or TOIL remuneration. The overriding aim is to respect members’ personal time.

The Police Association of South Australia has always ensured that members recalled to duty are appropriately remunerated and covered under enterprise agreements and the Police Officers Award.

Clause 34 of the South Australia Police Enterprise Agreement 2021 – overtime worked as a result of recall – dictates the Police Officers Award (5.2) entitlements.

The association achieved an enhancement to the time-off-in-lieuof-overtime (TOIL) payment in the current enterprise agreement (clause 33).

Where overtime is unavoidable and approved owing to operational necessity, the agreed time off in lieu of payment will be calculated at the same rate prescribed at clause 5.2 of the Police Officers Award. TOIL is calculated at overtime rate rather than on an hour-for-hour basis.

Technological advances have enabled police officers to access their work e-mails on their mobile phones while off duty.

This accessibility has led to managers and supervisors to contact off-duty members.

Insignificant one-off contacts which require no significant action are not generally considered recall.

But these actions, when taken by management, prevent members from achieving their goal of respite from workload intensification and interfere with personal and family relationships.