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The Police Association Journal november 2009

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IR News<br />

9<br />

Warragul members win fight<br />

to save their variable roster<br />

Warragul members have been rewarded by their firm stance last month by having<br />

successfully warded off attempts by the Force to unilaterally impose an 8-hour roster<br />

upon them to replace their variable roster.<br />

Following much debate and<br />

negotiation between the<br />

<strong>Association</strong> and the Force in<br />

relation to this matter, Warragul<br />

police station has recently had a<br />

new variable roster business case<br />

approved by Region 5, resulting<br />

in a resumption of its variable<br />

roster from 11 October.<br />

It is hoped this outcome will<br />

ultimately pave the way for a<br />

restoration of variable rosters in<br />

one form or other at those stations<br />

which had previously worked them<br />

until their recent termination by<br />

the Force.<br />

<strong>The</strong> variable roster dispute<br />

has been an ongoing issue for<br />

several months.<br />

Following the decision by the<br />

Full Bench of the then Australian<br />

Industrial Relations Commission<br />

in April this year, variable hours<br />

rosters at both Hastings and<br />

Rosebud <strong>Police</strong> Stations were<br />

terminated.<br />

This decision led the Victoria<br />

<strong>Police</strong> Force to unilaterally<br />

terminate variable-hours rosters<br />

at a number of country police<br />

stations throughout the state<br />

even though, in the <strong>Association</strong>’s<br />

view and in the view of the vast<br />

majority of members affected, these<br />

changes were unnecessary and<br />

uncalled for.<br />

During September, the<br />

<strong>Association</strong> visited the majority<br />

of stations threatened with<br />

termination of their variable-hour<br />

roster to explain the ramifications<br />

of the decision of the Force to<br />

terminate many variable hours<br />

rosters as from 27 September<br />

<strong>2009</strong>. At these meetings, it was<br />

explained that it was now a matter<br />

for members at each variable hours<br />

roster workplace to determine<br />

collectively whether they would<br />

continue to work a variable hours<br />

roster which would be at odds with<br />

an instruction by the Force.<br />

Of the 14 workplaces visited, our<br />

members at Warragul <strong>Police</strong> Station,<br />

with the support of their colleagues<br />

at Morwell, Traralgon and Sale<br />

<strong>Police</strong> Stations, determined that<br />

they would continue to work their<br />

variable-hours roster despite an<br />

instruction to the contrary. Whilst<br />

the members enjoyed the full<br />

support of the <strong>Association</strong>, it was<br />

ultimately their decision and we<br />

applaud the efforts of our Warragul<br />

Courtesy Warragul & Drouin Gazette.<br />

members. <strong>The</strong>se members sent<br />

a clear message that they were<br />

not going to be unfairly pushed<br />

around by an employer with an<br />

unreasonable agenda.<br />

Warragul <strong>Police</strong> Station now has<br />

a new variable-hours roster after<br />

its business case was approved<br />

by Region 5 which began to operate<br />

from 11 October.<br />

<strong>Police</strong> <strong>Association</strong> Assistant<br />

Secretary, Bruce McKenzie said he<br />

was disappointed that this dispute<br />

had gone as far as it did. “It was<br />

caused by the Force continuing to<br />

ignore the less palatable outcomes<br />

of the Full Bench decision, by<br />

ignoring what members were<br />

telling them, and ignoring the<br />

Certified Agreement which clearly<br />

allows for a variable-hours roster,<br />

determined by the majority of<br />

members at any workplace. <strong>The</strong>re<br />

is no evidence whatsoever that has<br />

been produced to the Commission<br />

or elsewhere, that shows 12-hour<br />

rosters, including night shifts, to be<br />

inherently unsafe”, said Bruce.<br />

<strong>The</strong> <strong>Association</strong> intends to further<br />

discuss this matter with the Force,<br />

with a view to bringing about an<br />

outcome to this dispute that meets<br />

the members’ needs, contributes<br />

to their work/life balance and<br />

provides a superior policing service<br />

to the community.<br />

During the course of this dispute,<br />

the <strong>Association</strong> decided that it<br />

would take legal action in the<br />

Federal Court, and argue that<br />

the Force were in breach of the<br />

Certified Agreement, and acting<br />

against the spirit of the AIRC’s<br />

Full Bench decision.<br />

While success has been<br />

achieved on behalf of Warragul,<br />

this dispute still lingers on<br />

behalf of those members from<br />

other regional locations who<br />

were unilaterally stripped of<br />

their variable-hours roster<br />

against their will.<br />

Bruce McKenzie says that<br />

common sense and a way<br />

forward in this dispute can continue<br />

to prevail without having to resort<br />

to legal action.<br />

“In the wake of the successful<br />

outcome at Warragul, the<br />

<strong>Association</strong> intends to visit<br />

members whose variable rosters<br />

were recently terminated with a<br />

view to re-visiting their dispute<br />

and seeking their instructions on<br />

how they would like us to proceed”,<br />

Bruce said.<br />

Bruce insists that the <strong>Association</strong><br />

will continue to use every avenue to<br />

deliver an outcome to our members<br />

currently working variable-hours<br />

rostering that assists them and<br />

assists their communities.<br />

www.tpav.org.au <strong>The</strong> <strong>Police</strong> <strong>Association</strong> <strong>Journal</strong> November <strong>2009</strong>

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