Excessive hours penalty notice

The Australian Industrial Relations Commission has handed down its decision in relation to the dispute over the excessive hours penalty provision in the Workplace Agreement.

 The dispute related to two issues:

•  when the penalty is payable, and
•  at what rate the penalty is payable.

On the first matter, the Commission declined to set a number of hours, refusing the submissions of the Association that the number should be set at twelve, and the submissions of the Force that the number should be set at 16.

Instead, the Commission determined that the matter can only be settled on a case by case basis having regard to the circumstances of the case. It did however determine that where an employee in receipt of commuted overtime works hours equal to or greater than twelve hours continuously and is recalled without an eight hour break, the hours worked on recall shall be considered excessive.

On the second matter, the Commission determined in favour of the Association’s submission that the penalty is payable at 150% of the base hourly rate.

Members in receipt of commuted overtime should continue to apply for payment of excessive hours for work beyond 12 hours. Any rejected claims should be reported to The Police Association.

 The Association will continue to consider further action in relation to this matter.

Greg Davies

Legal Manager