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Police Award
20. SHIFT AND PENALTY ALLOWANCE
20.1 Definitions
For the purpose of this clause the following definitions shall apply:
'24 hour rotational shift roster' means a roster with a 24 hours per day and 7 days per week coverage and involves members on continuous rotating rosters involving day, afternoon and night shifts and Sundays and Saturdays and prescribes normal rostered hours which, under normal circumstances, include afternoon or night shift hours that are equal to or greater than 80 hours over a five week period.
'Non 24 hour rotational shift roster' means a roster that does not have a 24 hour and 7 days per week coverage but does involve members on continuous rotating rosters involving day, afternoon and possibly night shifts and Sundays and Saturdays and prescribes normal rostered hours which, under normal circumstances, include afternoon or night shift hours that are equal to or greater than 80 hours over a five week period.
20.2 Constables and Sergeants
20.2.1 All shift and penalty allowances shall be paid in equal instalments in accordance with the following formula:
ANNUAL ALLOWANCE X 10 ____________________________________ = TOTAL NUMBER OF WORKING DAYS FORTNIGHTLY ALLOWANCE
where the total number of working days represents the number of calendar days, exclusive of Saturdays and Sundays, within the financial year commencing 1 July each year.
20.2.2 Instalments of the allowance prescribed within paragraph 20.2.1 are not payable whilst a member is on recreation leave that has been credited to that member prior to 1 January 1999 or whilst on defence leave.
20.2.3 Shift and Penalty Allowance shall not apply to entitlements accrued and paid upon termination of service.
20.2.4 Members (Constables and Sergeants) rostered to work on a 24 hour rotational roster as defined shall be paid an annual allowance equivalent to 27 per cent of normal salary in lieu of payments for shift work and penalties (including afternoon, night, Saturday, Sunday and public holiday work) which is to be paid in equal instalments in accordance with paragraph 20.2.1 of normal salary.
20.2.5 Members rostered to work on a non-24 hour rotational roster shall be paid an annual allowance equivalent to 22.5 per cent of normal salary in lieu of payments for shift work and penalties (including afternoon, night, Saturday, Sunday and public holiday work) which is to be paid in equal instalments and otherwise in accordance with paragraph 20.2.1.
20.2.6 Where a member receiving an allowance under paragraph 20.2.4 or paragraph 20.2.5 proceeds on approved leave, sick leave or leave in lieu of overtime, the member will continue to receive that allowance provided that, at the commencement of the period of leave, the member is expected to continue to work on a 24 hour or non-24 hour rotational roster, as the case may be, after the period of such leave.
20.2.7 Subject to paragraph 20.2.6, where a member transfers from a 24-hour to non-24 hour rotational roster during or immediately after a period of approved leave, sick leave or leave in lieu of overtime, that member shall receive the penalty prescribed for a non-24 hour rotational roster as prescribed within paragraph 20.2.5 for that period of leave.
20.2.8 For the purposes of this clause, the number of afternoon and night shift hours prescribed within any roster shall be calculated as follows:
(AFTERNOON SHIFT HOURS + NIGHT SHIFT HOURS) X 5 _____________________________________=
NUMBER OF ROSTERED WEEKS
20.2.9 For the purposes of subclause 20.1 and paragraph 20.2.8 only, afternoon and night shift hours shall be any work on an afternoon and night shift as prescribed within paragraph 19.8.1 or paragraph 19.9.1 of Clause 19 - Rosters, and includes afternoon and night shift hours worked on weekends.
20.2.10 A member is not entitled to payment under paragraph 20.2.4 or paragraph 20.2.5 if they are only required to work more than 80 hours afternoon/night shift over a five week roster cycle due to unusual circumstances (for example unexpected leave or special events) unless that member is required to work in excess of 80 hours afternoon/night shift for two or more consecutive roster cycles at which time the member shall be entitled to payment under paragraph 20.2.4 or paragraph 20.2.5 for the entire period.
20.2.11 Members, other than officers or members stationed at a designated one or two member station who do not receive a Shift and Penalty Allowance as prescribed in paragraph 20.2.4 or paragraph 20.2.5, who fulfil the requirements of paragraph 20.2.12, shall be paid an annual allowance equivalent to 20 per cent of normal salary in lieu of payments for all work undertaken as defined in paragraph 20.2.14.
20.2.12 Members (Constables and Sergeants) who claim a Shift and Penalty Allowance will be required to be able, available and actually work for a minimum period of 100 hours per quarter as defined at paragraph 20.2.13.
20.2.13 A quarter, for the purposes of paragraph 20.2.12, is defined as a three month calendar period commencing on and from 1 July 2001.
20.2.14 The work, as directed by the Controlling Authority, is subject to the exigencies of the Controlling Authority and will be performed in the following form:
(a) Afternoon shifts, night shifts, weekends;
(b) Public holidays; and/or
(c) Other work within or external to the member's normal requirements as approved by the Controlling Authority.
20.2.15 Members who are directed and/or authorised to work outside normal rostered hours, are still entitled to make a claim in accordance with the overtime provisions.
20.2.16 All members, who are receiving the 20 per cent shift and penalty allowance identified in paragraph 20.2.11, may be required to justify their claim for continuation of this allowance through their individual supervisors on a monthly basis.
20.2.17 For the purpose of this allowance, periods of approved leave or approved courses in excess of 10 cumulative working days in the quarter, will have the effect of reducing the number of hours required to work to satisfy the criteria, in the quarter.
20.2.18 The Controlling Authority must provide the opportunity for a member to work the required minimum hours to maintain an entitlement to the shift and penalty allowance. The Controlling Authority will provide reasonable training and development to enable members to satisfy the requirements of this clause.
20.2.19 Where a member is absent due to short term illness or being unavailable due to unforeseen circumstances, and is unable to actually work a rostered shift to fulfil this obligation, a replacement shift will be immediately arranged by the Controlling Authority.
20.2.20 Where a member does not perform the work as required, the Controlling Authority may reduce, adjust or suspend the payment of the Shift and Penalty Allowance having regard to the number of hours worked.
20.2.21 Where a member does not perform the work as defined, the Controlling Authority will develop a plan in conjunction with the member that will rectify the situation within a reasonable time-frame. Failure to comply with or meet the standards projected in this plan will result in the suspension of the Shift and Penalty Allowance. Future restoration of the allowance will require the Controlling Authority to be satisfied that the member will or has satisfied the criteria for the allowance.
20.3 Inspectors
20.3.1
(a) Officers at the rank of Inspector shall be paid an annual allowance equivalent to 16.4 per cent of normal salary in lieu of payments for shift work, penalties and overtime (including afternoon, night, Saturday, Sunday and public holiday work) which is to be paid in equal instalments in accordance with the following formula:
ANNUAL ALLOWANCE X 10 ____________________________________ = TOTAL NUMBER OF WORKING DAYS FORTNIGHTLY ALLOWANCE
where the total number of working days represents the number of calendar days, exclusive of Saturdays and Sundays, within the financial year commencing 1 July each year.
(b) Members at the rank of Inspector are expected to work a minimum of 400 hours per year involving: ·
Inspector, Duty Shift Roster; ·
Afternoon and night shifts; ·
Weekends; and ·
Other additional work approved by the Controlling Authority.
Members may be required to justify their claim for continuation of this allowance through their managers on a monthly basis.
20.3.2 Instalments of the allowance prescribed within paragraph 20.3.1 are not payable whilst an officer is on recreation leave credited prior to 1 January 1999 and defence service leave.
20.3.3 Shift and Penalty Allowance shall not apply to entitlements accrued and paid upon termination of service.
20.4 Commanders
20.4.1 Officers at this level have remuneration for overtime, availability, standby, disturbance of leisure and the requirement to represent the Commissioner incorporated into salaries at Clause 8 - Salaries.
20.4.2 An Officer at Commander level shall be required to work an eight week cycle and manage their hours. They may be required to work two weekend days, public holidays and five nights or evenings during each cycle, to meet the requirements of the Tasmania Police Service, for which he or she shall, subject to paragraph
20.4.3 be paid an annual allowance equivalent to 8.9 per cent of his or her normal salary which is to be paid in equal instalments in accordance with the following formula:
ANNUAL ALLOWANCE X 10 ____________________________________ = TOTAL NUMBER OF WORKING DAYS FORTNIGHTLY ALLOWANCE
where the total number of working days represents the number of calendar days, exclusive of Saturdays and Sundays, within the financial year commencing 1 July each year.
20.4.3 Instalments of the allowance prescribed within paragraph 20.3.2 are not payable whilst a member is on recreation leave that has been credited to that member prior to 1 January 1999 or whilst on defence leave.
20.4.4 The Shift and Penalty Allowance shall not apply to entitlements accrued and paid upon termination of service.
20.5 Exemptions from Shift Work
20.5.1 Where a member applies in writing and receives approval from the Controlling Authority, no shift and penalty allowance shall be payable contained within paragraphs 20.2.4, 20.2.5, 20.2.11, 20.3.1 or 20.4.2. A member shall be entitled to have such exemption revoked by giving five weeks' notice in writing.
20.1 Definitions
For the purpose of this clause the following definitions shall apply:
'24 hour rotational shift roster' means a roster with a 24 hours per day and 7 days per week coverage and involves members on continuous rotating rosters involving day, afternoon and night shifts and Sundays and Saturdays and prescribes normal rostered hours which, under normal circumstances, include afternoon or night shift hours that are equal to or greater than 80 hours over a five week period.
'Non 24 hour rotational shift roster' means a roster that does not have a 24 hour and 7 days per week coverage but does involve members on continuous rotating rosters involving day, afternoon and possibly night shifts and Sundays and Saturdays and prescribes normal rostered hours which, under normal circumstances, include afternoon or night shift hours that are equal to or greater than 80 hours over a five week period.
20.2 Constables and Sergeants
20.2.1 All shift and penalty allowances shall be paid in equal instalments in accordance with the following formula:
ANNUAL ALLOWANCE X 10 ____________________________________ = TOTAL NUMBER OF WORKING DAYS FORTNIGHTLY ALLOWANCE
where the total number of working days represents the number of calendar days, exclusive of Saturdays and Sundays, within the financial year commencing 1 July each year.
20.2.2 Instalments of the allowance prescribed within paragraph 20.2.1 are not payable whilst a member is on recreation leave that has been credited to that member prior to 1 January 1999 or whilst on defence leave.
20.2.3 Shift and Penalty Allowance shall not apply to entitlements accrued and paid upon termination of service.
20.2.4 Members (Constables and Sergeants) rostered to work on a 24 hour rotational roster as defined shall be paid an annual allowance equivalent to 27 per cent of normal salary in lieu of payments for shift work and penalties (including afternoon, night, Saturday, Sunday and public holiday work) which is to be paid in equal instalments in accordance with paragraph 20.2.1 of normal salary.
20.2.5 Members rostered to work on a non-24 hour rotational roster shall be paid an annual allowance equivalent to 22.5 per cent of normal salary in lieu of payments for shift work and penalties (including afternoon, night, Saturday, Sunday and public holiday work) which is to be paid in equal instalments and otherwise in accordance with paragraph 20.2.1.
20.2.6 Where a member receiving an allowance under paragraph 20.2.4 or paragraph 20.2.5 proceeds on approved leave, sick leave or leave in lieu of overtime, the member will continue to receive that allowance provided that, at the commencement of the period of leave, the member is expected to continue to work on a 24 hour or non-24 hour rotational roster, as the case may be, after the period of such leave.
20.2.7 Subject to paragraph 20.2.6, where a member transfers from a 24-hour to non-24 hour rotational roster during or immediately after a period of approved leave, sick leave or leave in lieu of overtime, that member shall receive the penalty prescribed for a non-24 hour rotational roster as prescribed within paragraph 20.2.5 for that period of leave.
20.2.8 For the purposes of this clause, the number of afternoon and night shift hours prescribed within any roster shall be calculated as follows:
(AFTERNOON SHIFT HOURS + NIGHT SHIFT HOURS) X 5 _____________________________________=
NUMBER OF ROSTERED WEEKS
20.2.9 For the purposes of subclause 20.1 and paragraph 20.2.8 only, afternoon and night shift hours shall be any work on an afternoon and night shift as prescribed within paragraph 19.8.1 or paragraph 19.9.1 of Clause 19 - Rosters, and includes afternoon and night shift hours worked on weekends.
20.2.10 A member is not entitled to payment under paragraph 20.2.4 or paragraph 20.2.5 if they are only required to work more than 80 hours afternoon/night shift over a five week roster cycle due to unusual circumstances (for example unexpected leave or special events) unless that member is required to work in excess of 80 hours afternoon/night shift for two or more consecutive roster cycles at which time the member shall be entitled to payment under paragraph 20.2.4 or paragraph 20.2.5 for the entire period.
20.2.11 Members, other than officers or members stationed at a designated one or two member station who do not receive a Shift and Penalty Allowance as prescribed in paragraph 20.2.4 or paragraph 20.2.5, who fulfil the requirements of paragraph 20.2.12, shall be paid an annual allowance equivalent to 20 per cent of normal salary in lieu of payments for all work undertaken as defined in paragraph 20.2.14.
20.2.12 Members (Constables and Sergeants) who claim a Shift and Penalty Allowance will be required to be able, available and actually work for a minimum period of 100 hours per quarter as defined at paragraph 20.2.13.
20.2.13 A quarter, for the purposes of paragraph 20.2.12, is defined as a three month calendar period commencing on and from 1 July 2001.
20.2.14 The work, as directed by the Controlling Authority, is subject to the exigencies of the Controlling Authority and will be performed in the following form:
(a) Afternoon shifts, night shifts, weekends;
(b) Public holidays; and/or
(c) Other work within or external to the member's normal requirements as approved by the Controlling Authority.
20.2.15 Members who are directed and/or authorised to work outside normal rostered hours, are still entitled to make a claim in accordance with the overtime provisions.
20.2.16 All members, who are receiving the 20 per cent shift and penalty allowance identified in paragraph 20.2.11, may be required to justify their claim for continuation of this allowance through their individual supervisors on a monthly basis.
20.2.17 For the purpose of this allowance, periods of approved leave or approved courses in excess of 10 cumulative working days in the quarter, will have the effect of reducing the number of hours required to work to satisfy the criteria, in the quarter.
20.2.18 The Controlling Authority must provide the opportunity for a member to work the required minimum hours to maintain an entitlement to the shift and penalty allowance. The Controlling Authority will provide reasonable training and development to enable members to satisfy the requirements of this clause.
20.2.19 Where a member is absent due to short term illness or being unavailable due to unforeseen circumstances, and is unable to actually work a rostered shift to fulfil this obligation, a replacement shift will be immediately arranged by the Controlling Authority.
20.2.20 Where a member does not perform the work as required, the Controlling Authority may reduce, adjust or suspend the payment of the Shift and Penalty Allowance having regard to the number of hours worked.
20.2.21 Where a member does not perform the work as defined, the Controlling Authority will develop a plan in conjunction with the member that will rectify the situation within a reasonable time-frame. Failure to comply with or meet the standards projected in this plan will result in the suspension of the Shift and Penalty Allowance. Future restoration of the allowance will require the Controlling Authority to be satisfied that the member will or has satisfied the criteria for the allowance.
20.3 Inspectors
20.3.1
(a) Officers at the rank of Inspector shall be paid an annual allowance equivalent to 16.4 per cent of normal salary in lieu of payments for shift work, penalties and overtime (including afternoon, night, Saturday, Sunday and public holiday work) which is to be paid in equal instalments in accordance with the following formula:
ANNUAL ALLOWANCE X 10 ____________________________________ = TOTAL NUMBER OF WORKING DAYS FORTNIGHTLY ALLOWANCE
where the total number of working days represents the number of calendar days, exclusive of Saturdays and Sundays, within the financial year commencing 1 July each year.
(b) Members at the rank of Inspector are expected to work a minimum of 400 hours per year involving: ·
Inspector, Duty Shift Roster; ·
Afternoon and night shifts; ·
Weekends; and ·
Other additional work approved by the Controlling Authority.
Members may be required to justify their claim for continuation of this allowance through their managers on a monthly basis.
20.3.2 Instalments of the allowance prescribed within paragraph 20.3.1 are not payable whilst an officer is on recreation leave credited prior to 1 January 1999 and defence service leave.
20.3.3 Shift and Penalty Allowance shall not apply to entitlements accrued and paid upon termination of service.
20.4 Commanders
20.4.1 Officers at this level have remuneration for overtime, availability, standby, disturbance of leisure and the requirement to represent the Commissioner incorporated into salaries at Clause 8 - Salaries.
20.4.2 An Officer at Commander level shall be required to work an eight week cycle and manage their hours. They may be required to work two weekend days, public holidays and five nights or evenings during each cycle, to meet the requirements of the Tasmania Police Service, for which he or she shall, subject to paragraph
20.4.3 be paid an annual allowance equivalent to 8.9 per cent of his or her normal salary which is to be paid in equal instalments in accordance with the following formula:
ANNUAL ALLOWANCE X 10 ____________________________________ = TOTAL NUMBER OF WORKING DAYS FORTNIGHTLY ALLOWANCE
where the total number of working days represents the number of calendar days, exclusive of Saturdays and Sundays, within the financial year commencing 1 July each year.
20.4.3 Instalments of the allowance prescribed within paragraph 20.3.2 are not payable whilst a member is on recreation leave that has been credited to that member prior to 1 January 1999 or whilst on defence leave.
20.4.4 The Shift and Penalty Allowance shall not apply to entitlements accrued and paid upon termination of service.
20.5 Exemptions from Shift Work
20.5.1 Where a member applies in writing and receives approval from the Controlling Authority, no shift and penalty allowance shall be payable contained within paragraphs 20.2.4, 20.2.5, 20.2.11, 20.3.1 or 20.4.2. A member shall be entitled to have such exemption revoked by giving five weeks' notice in writing.