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Are you Leave Loaded? - The Police Association Victoria

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6<br />

Industrial Relations<br />

<strong>Are</strong> <strong>you</strong><br />

<strong>Leave</strong><br />

<strong>Loaded</strong>?<br />

<strong>Police</strong> receive an annual leave<br />

loading in February every<br />

year, but surprisingly, few<br />

know why or how it is calculated.<br />

<strong>Leave</strong> loading is an important<br />

condition of employment and while<br />

police don’t receive their leave<br />

loading in the traditional manner<br />

(when they take their holidays), it is<br />

nonetheless an important feature of<br />

their remuneration that should be<br />

understood.<br />

Recreational leave loading is a<br />

standard employment benefit for<br />

employees throughout Australia<br />

and is usually paid as 17.5 percent<br />

of an employee’s annual leave pay.<br />

<strong>The</strong> basis upon which loadings<br />

are calculated varies from industry<br />

to industry.<br />

<strong>Leave</strong> loadings were abolished in<br />

1992 after the Kennett Government<br />

introduced the Annual <strong>Leave</strong> Loading<br />

Act 1992. <strong>Victoria</strong>ns did not see<br />

leave loadings until they were<br />

reintroduced for public servants in<br />

1997.<br />

Following this move, <strong>The</strong> <strong>Police</strong><br />

<strong>Association</strong> successfully negotiated<br />

Rank<br />

<strong>Leave</strong><br />

Loading<br />

2007<br />

OFFICERS $1,070.63<br />

SUB-OFFICERS<br />

S/SGT 5th INC. $944.13<br />

S/SGT 4th INC. $932.03<br />

S/SGT 3rd INC. $919.92<br />

S/SGT 2nd INC. $907.82<br />

S/SGT 1st INC. $895.72<br />

SGT 6th INC. $871.12<br />

SGT 5th INC. $849.72<br />

SGT 4th INC. $837.13<br />

SGT 3rd INC. $824.54<br />

SGT 2nd INC. $811.96<br />

SGT 1st INC. $799.37<br />

OTHER RANKS<br />

LS/C 2nd INC. $835.42<br />

L/S/C 1st INC. $814.23<br />

S/C 12th INC. $768.62<br />

S/C 11th INC. $750.46<br />

S/C 10th INC. $732.31<br />

S/C 9th INC. $717.38<br />

S/C 8th INC. $702.01<br />

to have the allowance reintroduced<br />

for its members too.<br />

How is a leave loading paid?<br />

Recreational leave loading is paid<br />

to all <strong>Police</strong> <strong>Association</strong> members<br />

(including PSO and Reservist<br />

members) as an entitlement under<br />

the <strong>Victoria</strong> <strong>Police</strong> Force Certified<br />

Agreement 2001.<br />

Rank<br />

<strong>Leave</strong><br />

Loading<br />

2007<br />

S/C 7th INC. $686.64<br />

S/C 6th INC. $676.44<br />

S/C 5th INC. $663.31<br />

CONST 4th INC. $604.62<br />

CONST 3rd INC. $584.13<br />

CONST 2nd INC. $563.66<br />

CONST 1st INC. $543.19<br />

SENIOR PSO $695.83<br />

SENIOR PSO $682.18<br />

PSO GRADE 1<br />

3rd INC. $604.24<br />

PSO GRADE 1<br />

2nd INC. $578.35<br />

PSO GRADE 1<br />

1st INC. $556.23<br />

PSO 4th INC. $534.84<br />

PSO 3rd INC. $524.34<br />

PSO 2nd INC. $514.06<br />

PSO 1st INC. $500.86<br />

RESERVIST $629.61<br />

RECRUITS $368.18<br />

Please note: <strong>Leave</strong> loading applies to part time members on a pro rata basis<br />

Instead of having leave loading<br />

paid when an individual member<br />

actually takes leave, all police<br />

employees receive their loading at<br />

the same time, in the first pay of<br />

February each year.<br />

<strong>The</strong> payment of leave loading in a<br />

one-off block was introduced in<br />

1990 as a more efficient way for<br />

large organisations, such as the<br />

<strong>Victoria</strong> <strong>Police</strong> Force, to pay leave<br />

annually, particularly given that<br />

our members have the flexibility to<br />

take short periods of leave at<br />

different times in a calendar year.<br />

When do I get the leave loading?<br />

Payment is made in the first pay of<br />

February every year. In 2007, this<br />

will occur on the 1st of February.<br />

<strong>The</strong> leave loading amount is based<br />

on a members ‘base rate’ of pay.<br />

This calculation occurs on the 1st of<br />

January each year.<br />

How much should I get paid?<br />

Members should receive 17.5<br />

percent of their base rate of pay for<br />

the first 4 weeks of their<br />

recreational leave.<br />

Members often miscalculate their<br />

February 2007 Journal <strong>The</strong> <strong>Police</strong> <strong>Association</strong> <strong>Victoria</strong><br />

www.tpav.org.au


7<br />

leave loading entitlements<br />

assuming that their ordinary rate of<br />

pay is the same as their base rate of<br />

pay. It is not.<br />

A members ordinary pay rate is a<br />

combination of their base pay plus<br />

a compensatory allowance. <strong>The</strong><br />

allowance is 13 percent for ranks<br />

below Senior Sergeant and 16.4<br />

percent for Officers.<br />

<strong>Leave</strong> loading only considers the<br />

‘base’ component of ordinary rates<br />

of pay.<br />

For officers, the leave loading rate<br />

is capped at the salary of Inspector,<br />

Increment 1.<br />

What if I have been absent<br />

without pay on maternity leave<br />

when the calculation is made<br />

on January 1?<br />

Recently the <strong>Association</strong> became<br />

aware of members in some areas of<br />

the Force that were not paid leave<br />

loading because they were absent<br />

on unpaid portions of their<br />

maternity leave on 1 January.<br />

Members on maternity leave still<br />

accrue leave for the first 6 months,<br />

irrespective of whether leave is a<br />

paid or unpaid portion.<br />

In 2006, the <strong>Association</strong><br />

successfully argued that a member’s<br />

unpaid absence (due to maternity<br />

leave) on January 1 does not<br />

negate an entitlement to<br />

recreational leave loading.<br />

While this is the case for<br />

maternity leave, other forms of<br />

leave without pay may affect <strong>you</strong>r<br />

entitlement. To determine if <strong>you</strong>r<br />

leave loading has been affected by<br />

unpaid leave, <strong>you</strong> can ring <strong>The</strong><br />

<strong>Police</strong> <strong>Association</strong> for individual<br />

advice.<br />

You need to check <strong>you</strong>r pay?<br />

Members should check their pay<br />

slips to make sure they received the<br />

correct leave loading on the 1st of<br />

February.<br />

To make this task easier, we have<br />

calculated <strong>you</strong>r entitlements for <strong>you</strong><br />

(see table opposite).<br />

For general information on<br />

allowances or entitlements<br />

remember to regularly visit the<br />

<strong>Association</strong>s website,<br />

www.tpav.org.au<br />

If <strong>you</strong>’re still unsure, or just want<br />

more information members can<br />

also contact our Industrial Relations<br />

section during business hours for<br />

personal advice.<br />

Discipline/<br />

Legal News<br />

Now that the festive season has<br />

come and gone, and we are<br />

back at it for another year, it<br />

is timely to take stock of where we<br />

may be headed in 2007.<br />

This year, the Government will<br />

resume their intended course of<br />

replacing the <strong>Police</strong> Regulation Act<br />

1958, with a <strong>Victoria</strong> <strong>Police</strong> Act.<br />

Several other Australian policing<br />

jurisdictions have recently been<br />

through this process, where ageing<br />

legislation has been updated.<br />

<strong>The</strong> new Act may well have a<br />

significant impact on the way in<br />

which the policing role is performed<br />

in <strong>Victoria</strong> and <strong>you</strong>r <strong>Police</strong><br />

<strong>Association</strong> will be vigilant in our<br />

negotiations to ensure that all<br />

current terms and conditions of<br />

employment are preserved.<br />

A review of the internal police<br />

discipline system has been earmarked<br />

for some time, but has been<br />

put on hold until the Act is<br />

changed. It is likely that the review<br />

will be reinstated upon the<br />

finalisation of the legislation, and<br />

the <strong>Association</strong> will participate in<br />

that review.<br />

<strong>The</strong> pre-election promises of the<br />

Government, regarding the creation<br />

of a Professional Registration Board<br />

for police and a <strong>Police</strong> Career<br />

Service Commission will be high on<br />

the <strong>Association</strong>’s agenda. <strong>The</strong>se two<br />

bodies will have a marked impact<br />

on the policing profession.<br />

2007 will see the final report (to<br />

Parliament) of the Special<br />

Investigations Monitor into the<br />

operations of the Office of <strong>Police</strong><br />

Integrity. A watching brief is being<br />

maintained and submissions will be<br />

made to the SIM where appropriate.<br />

All of these issues are of major<br />

importance to all members and will<br />

receive the care and attention they<br />

deserve.<br />

Members are again reminded to<br />

familiarise themselves with the<br />

<strong>Police</strong> Regulation Act 1958, as it will<br />

continue to govern policing in<br />

<strong>Victoria</strong> until it is replaced.<br />

Members should read and be aware<br />

of their entitlements and<br />

obligations under the current Act,<br />

which can be found in the<br />

‘members’ only’ section of the<br />

website – just follow the links via<br />

the Legal/Discipline page.<br />

Any queries on matters relating to<br />

<strong>you</strong>r individual circumstances<br />

should initially be directed to the<br />

Discipline/Legal Section at the<br />

<strong>Association</strong>.<br />

Depending on the nature of <strong>you</strong>r<br />

inquiry, advice on discipline matters<br />

can be obtained directly from the<br />

<strong>Association</strong>, and professional legal<br />

advice may be sought from<br />

preferred solicitors upon referral<br />

from the Discipline/Legal Section.<br />

Initial legal advice on criminal<br />

matters is available to all members<br />

on a preliminary, no cost, basis.<br />

“Guidelines for Members Under<br />

Investigation” can also be found on<br />

the website, and a working<br />

knowledge of those guidelines is a<br />

must for all members.<br />

We wish <strong>you</strong> a prosperous and<br />

happy 2007 and are available for<br />

assistance on urgent matters 24<br />

hours a day, through the<br />

<strong>Association</strong> switch-board.<br />

www.tpav.org.au<br />

February 2007 Journal <strong>The</strong> <strong>Police</strong> <strong>Association</strong> <strong>Victoria</strong>

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