Force refuses to accept umpire's decision on excessive hours payments

The Victoria Police Force has refused to accept the outcome of the excessive hours dispute and has lodged an appeal against the decision handed down by the Australian Industrial Relations Commission (AIRC). 

The original decision was handed down on 29 July following a dispute between The Police Association and Force over two key issues:

•  when an excessive hours penalty is payable to members and
•  at what rate the penalty is payable. 

In regards to the first issue, the AIRC did not set a number of hours, but determined that each matter be settled on a case by case basis. The AIRC did however determine that a where a member in receipt of commuted overtime works 12 or more hours continuously and is recalled without an eight hour break, the hours worked on recall are to be considered excessive.

On the second matter, the Commission determined in favour of the Association and set the excessive hours penalty at 150% of the base hourly rate.

The Force’s appeal of this decision will be heard by the full bench of the AIRC. While the appeal is in process, the Force has advised that it will not consider any claims for excessive hours payments for members. However we would advise members working excessive hours to seek approval prior to working the excessive hours and to make their claim after they’ve worked the hours.

The Police Association is disappointed that the Force is once again challenging a decision that rules in favour of members. The appeal demonstrates the Force’s true regard for members and its inability to respect ‘the umpire’s decision’. 

Naturally, The Police Association will continue to represent members’ best interest on this issue and defend the original decision handed down by the AIRC.

       Greg Davies

       Legal Manager