21.1  Definitions and Authority over other Clauses

21.1.1   For the purpose of this clause the following definitions shall apply:

'Member' means a person permanently or temporarily appointed under the provisions of the Police Service Act 2003 in the Tasmania Police Service and who is appointed or seconded on a full-time basis to a position in the Physical Surveillance Service or Police Technical Support (Surveillance) Service.

'Normal salary' means the salary at Clause 8 - Salaries and inclusive of the In-Charge allowance at clause 9.2 but excluding the shift and penalty allowance at clause 21.6.1.

21.1.2  Where inconsistent, this clause prevails over the following:

(a)    Meal Expense Allowance at subclause 11.6,

(b)    Overnight Expense Allowance at subclause 11.9;

(c)    Rosters at clause 19;

(d)    Shift and Penalty Allowance at clause 20; and

(e)    Hours at clause 14

21.2 Hours of Duty

21.2.1The standard hours shall average 38 hours per week over the rosters cycle.

21.2.2  The standard hours shall be:

(a)  7.6 hours per shift;

(b)  8 and 10 hours per shift; or

(c)  a combination of eight (8) and ten (10) hours per shift over a shift cycle.

21.2.3 Generally accrued days during a roster cycle will be factored into or taken during that roster cycle.  In special circumstances and when approved by the Controlling Authority up to five (5) accrued days may be accumulated and may be taken on application by the member with the approval of the Controlling Authority.  

21.3 Rostered Meal Breaks

21.3.1 Members shall be entitled to meal breaks according to roster for their work areas as following:

(a)  an eight (8) hour shift shall have a 20 minute paid break or an unpaid break not exceeding one hour in addition to the rostered hours.

(b) A ten (10) hour shift shall have a 30 minute paid break or an unpaid break not exceeding one hour in addition to the rostered hours.

21.3.2 A meal break shall be taken by the member within five (5) hours of the commencement of the shift or as soon as practicable after the fifth hour of commencing duty.

21.3.3 The type and length of break will be decided having regard to operational requirements.  The unpaid break will occur only in exceptional circumstances and having regard to operational requirements.

21.3.4 A member required to work overtime after completing a shift shall be entitled to a break during the overtime where practicable, provided the member is required to work after the break.   In addition, where practicable, the member shall also be entitled to an additional break at the conclusion of each additional five hours of overtime worked, provided the member is required to work overtime after the additional break.

21.3.5  Paid meal breaks shall be at the salary rate applicable at the time.

21.3.6 A member shall be available for work during his or her paid break.

21.4 Availability and Standby

Availability and/or Standby Allowances apply to all members subject to the provisions of Clause 14.3.

21.5 Surveillance Allowance

Members in the Physical Surveillance Service and Police Technical Support (Surveillance) Service who are appointed or seconded on a full-time basis shall be paid an allowance of 5 per cent of normal salary in recognition of the skill requirements, additional training and provisions in this clause relating to meal, incidental and overnight expense allowance.

21.6 Shift and Penalty Allowance

21.6.1 Members at the Constable and Sergeant level in the Physical Surveillance Service or the Police Technical Support (Surveillance) Service shall be paid a shift and penalty allowance equivalent to a 24-hour rotational shift worker.

21.6.2 The shift and penalty allowance recognises the flexibility in rostering, (clause 21.7).

21.7  Rosters

21.7.1 In establishing rosters for each area it is essential that the specific workload within that particular area be assessed and taken into account when determining the extent and frequency of night, afternoon and weekend work.

21.7.2  Maximum Rostered Hours

 (a) A roster shall not provide in excess of 96 hours to be worked in a fortnight pay period.

(b) A roster will be notified as early as possible and generally four weeks in advance of operating.

21.7.3 Emergency Circumstances

A roster may be departed from in the following circumstances:

(a) A state of alert;

(b) A state of emergency;

(c) A state of disaster;

(d) An unforeseeable circumstance beyond the control of the Controlling Authority.

21.7.4  Consultation and Disputes

In each work area, roster changes shall be the subject of consultation between the Controlling Authority and the members in the work area.

21.7.5  Changes in an Individual's Roster

21.7.5.1 Members may swap their rostered shift with another member provided the other member and the member's supervisor agree to the swap.

21.7.5.2  Where a member's rostered shift is changed without the consent of the member or 24 hours' notice has not been provided the member shall be entitled to be paid double time for the substituted shift or shifts unless the roster has been departed from in accordance with paragraph 21.7.3.

21.7.5.3 The period of notice shall be calculated as the time from notification of the member of the shift change to the commencement time of the shift that the member would have worked.  Furthermore 24 hours' notice will not be deemed to be provided if the replacement shift is to commence earlier than the original shift and a period of 24 hours' notice has not elapsed between the notification of the member of the shift change and the commencement time of the new shift.

21.7.6   Shift Definitions

21.7.6.1 The following shift definitions shall apply:

(a)  Day shift is a shift commencing at or after 6.00am and concluding at or before 6.00pm.

(b) Afternoon shift is a shift concluding after 6.00pm and at or before 2.00am, except in the case of Thursdays, Fridays and Saturdays when the finishing time may be 3.00am.

(c) Night shift is a shift commencing at or after 6.00pm and before 6.00am except as provided for in (b) above.

(d) Saturday shift is a shift the major portion of which falls on that day.

(e) Sunday shift is a shift the major portion of which falls on that day.

21.7.7    Maximum Hours

21.7.7.1 Members shall not work in excess of the following over a 20 week cycle:

21.7.7.2  The maximum shall not include shifts where a member has arranged a swap as allowed in paragraph 21.7.5.1 or the member agrees to work shifts in excess of the above amounts.

21.7.8 Shift Sequences, Changeovers and Breaks

21.7.8.1. Where a changeover occurs between a sequence of shifts and between shifts during a sequence of shifts the minimum break shall be 10 hours.

21.7.8.2 The variation in starting times of sequence of night shifts, afternoon shifts and day shifts shall not exceed six hours.

21.7.9. Rostered Days Off

21.7.9.1 Rostered days off shall be a minimum of two consecutive days.

21.7.9.2  A roster may change from day shift to afternoon shift or conversely from afternoon to day without a rostered day off on the changeover provided the minimum break in paragraph 21.7.8.1 is adhered to.

21.7.9.3  A roster may change to or from night shift without a rostered day off on the changeover provided the minimum break in paragraph 21.7.8.1 is adhered to. 

 21.8  Meals and Incidentals Allowance

21.8.1 The standard Meals and Incidentals Allowance rate to be claimed by members is $72.80 per day. This is comprised of meal expenses components under paragraph 11.9.1 and 50 per cent of the incidental allowance under paragraph 11.9.6. This allowance rate will be adjusted in accordance with the current rates of its components, as varied in this award.

21.8.2 The meals and incidentals allowance above shall be claimed in 24-hour periods or wherever there is a requirement to stay away overnight when the stay away is less than 24 hours.

21.8.3 Where a member is absent overnight in excess of a 24 hour period but less than another overnight stay, the member is not entitled to claim any further meal expenses under 21.8.1 above or 11.9.1 unless the excess hours are overtime, or the excess hours are when the member is more than 60 kilometres from the office between the fourth and sixth hours of duty.  In these circumstances the members is entitled to claim a meal expense allowance in accordance with clause 11.6 of the Police Award.

21.8.4  Meal claims in accordance with 11.6 are not payable when in receipt of the Allowance under this clause

21.8.5 Where a member;

(a)  is required to stay away overnight and was not advised of the requirement prior to commencement of their rostered duty on that day, or,

(b) is recalled to duty, without notice and is required to stay away overnight; the member is entitled to overnight expense allowances at Clause 11.9 for the first night away in lieu of the allowance at clause 21.8.1 above.  If the member is advised of the requirement to stay away overnight on any subsequent night/s the rate reverts to the allowance in clause 21.8.1. above.

21.8.6 Overnight Expense Allowance under subclause 11.9 will not be paid when members are on Standby or Availability and are recalled for the purpose of intrastate travel and are required to stay away overnight, provided that they were informed of the likelihood of this requirement when placed on Standby or Availability at subclause 14.3 - Hours.

21.8.7 Where these provisions apply and overnight accommodation is required, accommodation will be arranged and expenses met by the Department or accommodation expenses will be reimbursed by the Department.

21.9  Tenure

Tenure of positions in the Physical Surveillance Services and Police Technical Support (Surveillance) Services shall be reviewed by the Controlling Authority after three years' continuous service or, in the case of a member promoted within either unit, three years from that promotion. This does not remove the normal transfer and promotion capabilities during this period.

21.10  Out of Pocket Expense Allowance

Members in the Physical Surveillance Service and Police Technical Support (Surveillance) Service who are appointed or seconded on a full-time basis shall be paid the Out of Pocket Expense Allowance at clause 11.8.