Conditions of Employment
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Police Award
22. SPECIALIST CAPABILITY GROUP
22.1 Definitions and Authority over other Clauses
22.1.1 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 Specialist Capability Group,.
'Normal salary' means the salary at Clause 8 - Salaries and inclusive of the In Charge Allowance at clause 22.7, but excluding the shift and penalty allowance at Clause 22.6.1.
22.1.2 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 of Duty at Clause 14.
22.2 Hours of Duty
22.2.1 The standard hours shall average 38 hours per week over the rosters cycle.
22.2.2 The standard hours shall be:
(a) 7.6 hours per shift;
(b) 8,10 and12 hours per shift; or
(c) a combination of eight (8), ten (10) and twelve (12) hours per shift over a shift cycle.
22.2.3 Twelve (12) hour shifts may occur where the Specialist Capability Group is deployed to a high risk incident involving immediate threat to life or as a rostered shift.
22.2.4 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.
22.3 Rostered Meal Breaks
22.3.1 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.
(c) A twelve (12) hour shift shall have two 20 minute paid breaks.
22.3.2 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.
22.3.3 The type and length of break will be decided having regard to the operational requirements of the Specialist Capability Group Commander. The unpaid break will not occur during actual incidents.
22.3.4 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.
22.3.5 Paid meal breaks shall be at the salary rate applicable at the time.
22.3.6 A member shall be available for work during his or her paid break.
22.4 Availability and Standby
22.4.1 Availablity and/or Standby Allowances apply to all member subjecft to the provisions of Clause 14.3.
22.5 Specialist Capability Group Allowance
22.5.1 All members in the Specialist Capability Group on a fulltime basis shall be paid an allowance of 5% of normal salary in recognition of the skill requirements, additional training and provisions in this clause related to meal, incidental and overnight expense allowance.
22.6 Shift and Penalty Allowance
22.6.1 Members at the Constable and Sergeant level in the Specialist Capability Group shall be paid a shift and penalty allowance equivalent to a 24 hour rotational shift worker.
22.6.2 The shift and penalty allowance recognises the flexibility in rostering, (clause 22.8).
22.7 In Charge Allowance
22.7.1 A member being a Constable or Sergeant who is a designated team leader within the Specialist Capability Group shall be paid an In Charge Allowance in accordance with Clause 9.2.2 for unpaid extra duties, disturbance of leisure and/or additional responsibilities.
22.8 Rosters
22.8.1 In establishing rosters for this area it is essential that the specific workload within the area and need for flexibility be assessed and taken into account when determining the extent and frequency of night, afternoon and weekend work.
22.8.2 Maximum Rostered Hours
22.8.2.1 A roster shall not provide in excess of 96 hours to be worked in a fortnight pay period.
22.8.2.2 A roster will be notified as early as possible and generally four weeks in advance of operating but will not be displayed.
22.8.3 Emergency Circumstances
22.8.3.1 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) Unplanned circumstances beyond the control of the Controlling Authority involving high risk events with immediate threat to life.
22.8.4 Consultation and Disputes
22.8.4.1 Roster changes shall be the subject of consultation betwe4en the Controlling Authority and the members in the work area.
22.8.5 Changes in an Individual's Roster
22.8.5.1 Members may swap their rostered shift with another member provided the other member and the member's supervisor agree to the swap.
22.8.5.2 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 22.8.3.1.
22.8.5.3 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.
22.8.6 Shift Definitions
22.8.6.1 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.
22.8.7 Maximum Hours
22.8.7.1 Members shall not work in excess of the following over a 20 week cycle:
Saturdays and/or Sundays: 220 hours within 12 weekends over the 20 week cycle ensuring eight full weekends off in a twenty week cycle;
Afternoon Shifts: 200 hours; and
Night Shifts: 192 hours
22.8.7.2 The maximum shall not include shifts where a member has arranged a swap as allowed in paragraph
22.8.5.1 or the member agrees to work shifts in excess of the above amounts.
22.8.8 Shift Sequences, Changeovers and Breaks
22.8.8.1 Where a changeover occurs between a sequence of shifts and between shifts during a sequence of shifts the minimum break shall be 10 hours.
22.8.8.2 The variation in starting times of sequence of night shifts, afternoon shifts and day shifts shall not exceed six hours.
22.8.9 Rostered Days Off
22.8.9.1 Rostered days off shall be a minimum of two consecutive days.
22.8.9.2 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 22.8.8.1 is adhered to.
22.8.9.3 A roster may change to or from night shift without a rostered day off on the changeover provided the minimum break in paragraph 22.8.8.1 is adhered to.
22.9 Meals and Incidentals Allowance
22.9.1 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.
22.9.2 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.
22.9.3 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 22.9.1 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 meal expense allowance in accordance with clause 11.6 of the Police Award.
22.9.4 Meal claims in accordance with 11.6 are not payable when in receipt of the Allowance under this clause
22.9.5 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 22.9.1 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 22.9.1. above.
22.9.6 Overnight expense allowance under clause 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 clause 14.3.
22.9.7 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.
22.1 Definitions and Authority over other Clauses
22.1.1 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 Specialist Capability Group,.
'Normal salary' means the salary at Clause 8 - Salaries and inclusive of the In Charge Allowance at clause 22.7, but excluding the shift and penalty allowance at Clause 22.6.1.
22.1.2 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 of Duty at Clause 14.
22.2 Hours of Duty
22.2.1 The standard hours shall average 38 hours per week over the rosters cycle.
22.2.2 The standard hours shall be:
(a) 7.6 hours per shift;
(b) 8,10 and12 hours per shift; or
(c) a combination of eight (8), ten (10) and twelve (12) hours per shift over a shift cycle.
22.2.3 Twelve (12) hour shifts may occur where the Specialist Capability Group is deployed to a high risk incident involving immediate threat to life or as a rostered shift.
22.2.4 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.
22.3 Rostered Meal Breaks
22.3.1 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.
(c) A twelve (12) hour shift shall have two 20 minute paid breaks.
22.3.2 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.
22.3.3 The type and length of break will be decided having regard to the operational requirements of the Specialist Capability Group Commander. The unpaid break will not occur during actual incidents.
22.3.4 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.
22.3.5 Paid meal breaks shall be at the salary rate applicable at the time.
22.3.6 A member shall be available for work during his or her paid break.
22.4 Availability and Standby
22.4.1 Availablity and/or Standby Allowances apply to all member subjecft to the provisions of Clause 14.3.
22.5 Specialist Capability Group Allowance
22.5.1 All members in the Specialist Capability Group on a fulltime basis shall be paid an allowance of 5% of normal salary in recognition of the skill requirements, additional training and provisions in this clause related to meal, incidental and overnight expense allowance.
22.6 Shift and Penalty Allowance
22.6.1 Members at the Constable and Sergeant level in the Specialist Capability Group shall be paid a shift and penalty allowance equivalent to a 24 hour rotational shift worker.
22.6.2 The shift and penalty allowance recognises the flexibility in rostering, (clause 22.8).
22.7 In Charge Allowance
22.7.1 A member being a Constable or Sergeant who is a designated team leader within the Specialist Capability Group shall be paid an In Charge Allowance in accordance with Clause 9.2.2 for unpaid extra duties, disturbance of leisure and/or additional responsibilities.
22.8 Rosters
22.8.1 In establishing rosters for this area it is essential that the specific workload within the area and need for flexibility be assessed and taken into account when determining the extent and frequency of night, afternoon and weekend work.
22.8.2 Maximum Rostered Hours
22.8.2.1 A roster shall not provide in excess of 96 hours to be worked in a fortnight pay period.
22.8.2.2 A roster will be notified as early as possible and generally four weeks in advance of operating but will not be displayed.
22.8.3 Emergency Circumstances
22.8.3.1 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) Unplanned circumstances beyond the control of the Controlling Authority involving high risk events with immediate threat to life.
22.8.4 Consultation and Disputes
22.8.4.1 Roster changes shall be the subject of consultation betwe4en the Controlling Authority and the members in the work area.
22.8.5 Changes in an Individual's Roster
22.8.5.1 Members may swap their rostered shift with another member provided the other member and the member's supervisor agree to the swap.
22.8.5.2 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 22.8.3.1.
22.8.5.3 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.
22.8.6 Shift Definitions
22.8.6.1 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.
22.8.7 Maximum Hours
22.8.7.1 Members shall not work in excess of the following over a 20 week cycle:
Saturdays and/or Sundays: 220 hours within 12 weekends over the 20 week cycle ensuring eight full weekends off in a twenty week cycle;
Afternoon Shifts: 200 hours; and
Night Shifts: 192 hours
22.8.7.2 The maximum shall not include shifts where a member has arranged a swap as allowed in paragraph
22.8.5.1 or the member agrees to work shifts in excess of the above amounts.
22.8.8 Shift Sequences, Changeovers and Breaks
22.8.8.1 Where a changeover occurs between a sequence of shifts and between shifts during a sequence of shifts the minimum break shall be 10 hours.
22.8.8.2 The variation in starting times of sequence of night shifts, afternoon shifts and day shifts shall not exceed six hours.
22.8.9 Rostered Days Off
22.8.9.1 Rostered days off shall be a minimum of two consecutive days.
22.8.9.2 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 22.8.8.1 is adhered to.
22.8.9.3 A roster may change to or from night shift without a rostered day off on the changeover provided the minimum break in paragraph 22.8.8.1 is adhered to.
22.9 Meals and Incidentals Allowance
22.9.1 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.
22.9.2 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.
22.9.3 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 22.9.1 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 meal expense allowance in accordance with clause 11.6 of the Police Award.
22.9.4 Meal claims in accordance with 11.6 are not payable when in receipt of the Allowance under this clause
22.9.5 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 22.9.1 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 22.9.1. above.
22.9.6 Overnight expense allowance under clause 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 clause 14.3.
22.9.7 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.