August 2009 - The Police Association Victoria

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5 Secretary’s Message By Greg Davies Street violence This is, most unfortunately, a major issue that simply won’t go away on its own. The State Government clearly needs to address a range of issues to rectify this major problem that plagues the streets of our cities and towns – and it needs to do so urgently. Education is important; but educating our young people is a generational process that could require at least fifteen years to take effect, and the community cannot wait fifteen years for a resolution. The community needs a review of licensing laws - we need a review of the sentencing of those who are convicted of mindless and devastating violence - and we need the immediate injection of sufficient government funding to provide a permanent and adequate visible police presence on the streets of our cities and towns. No-one could possibly oppose the idea of urgently addressing the major issue that has made Victoria a national and international object of condemnation for our apparent inability to ensure the safety of our own citizens, going peacefully about their own business. What we need most are politicians who will listen to the community of law abiding people in Victoria and increase police numbers to at least the national average. The time for talk is long past – the community demands positive action…Now. TPA members’ online survey – Your Association, Your say. One of my key priorities as Secretary of the Police Association is to ensure that members’ receive the highest standards of services and benefits they need and expect from their Association. In order to deliver on this objective it is important that we constantly remain in tune with the needs of members. It is for this reason that we are about to launch the first ever comprehensive online survey of Association members. To make sure you get what you want from your Police Association membership, we encourage you to complete the online survey and give us your feedback – good, bad or indifferent. Members are assured that your responses to the survey will be treated with absolute confidentiality and that your feedback will be used to ensure that we deliver the highest standards of services and benefits members require from their Association. As an added incentive, your participation in the survey will put you in the running to win one of several excellent prizes on offer. Please see page 9 for further details. We look forward to your feedback. Bushfires Royal Commission – Police Association submission I’d like to take this opportunity to thank the many members who shared their experiences from the Black Saturday bushfires with us. This valuable feedback has led the Association to prepare a detailed submission to the 2009 Victorian Bushfires Royal Commission to help members play their part in making sure Victoria learns the lessons from this appalling tragedy so that the policing role in future bushfire Members are assured that your responses to the survey will be treated with absolute confidentiality and that your feedback will be used to ensure that we deliver the highest standards of services and benefits members require from their Association. emergencies can be handled as well as possible. Inside this edition, we outline the Police Association’s key recommendations of our submission to the Royal Commission. We also raise some serious questions on who was actually in charge of our emergency services on Black Saturday? We have also expressed serious concerns in our InBrief newsletter (37/09) about the appalling lack of response by the Brumby Government to the police communication failures that let us down on Black Saturday. Both these concerns are reflected in our submission to the Royal Commission which members are invited to read in its entirety via our website – www.tpav.org.au. www.tpav.org.au The Police Association Journal August 2009
6 IR News Fair Work Act – What it means for us The new Fair Work Act (Commonwealth) took effect on July 1, 2009. This replaces the oppressive Work Choices legislation introduced by the former coalition government. We will see the true benefits when the next EB Agreement is negotiated in 2011. Overwhelming the ‘prohibited content’ has been wound back. Now clauses can be included in the EBA that deal with consultation between the Association and the Force. There will also be the opportunity to get fair bargaining orders through Fair Work Australia. This will streamline the material that was included in a ‘Deed of Agreement’ in the past. All members’ rights and entitlements will be included in the EBA. Fair Work Australia replaces the Workplace Ombudsmen, the Workplace Authority and the Australian Industrial Relations Commission. While the Fair Work Act enshrines many important areas of workers’ rights in legislation there are still a number of areas directly affecting police in this state that are not covered by the new Act. Back in the Jeff Kennett years, police officers’ industrial rights were referred to the federal arena and the state based industrial relations commission abolished. But not all areas were referred. Those still dealt with on a state level include the number and identity of police, their promotion, transfer and training, and their dismissal. For a large part there is no actual body that deals with these disputes over issues in Victoria. The state government has ignored lobbying by The Police Association to have our industrial issues referred back to Victoria and a police specific industrial relations tribunal recreated. This anomaly means that some of the workplace rights enshrined in the new Fair Work Act are, potentially, diminished by the failure to refer many matters to the Federal jurisdiction, including the all important freedom of association provisions. For example, if a Victorian police officer was going to be transferred because of their role as a union delegate they may not be protected under the new Federal legislation. Any other worker, including Victorian public servants would be protected. The only freedom of association protection provided to police in Victoria is under the Equal Opportunity Act. However, Expense-related allowances increased Members are reminded that Expense-Related Allowances increased on 1 July 2009. The increase is prescribed under the Victoria Police Workplace Agreement 2007. As part of the agreement, members can expect to see further increases to their Expense-related allowances at the start of each financial year. To view your new Expense-related allowances, visit the Industrial Relations section of our website, www.tpav.org.au, then click on the ‘Your EBA’ link. Members with queries regarding increases to Expenserelated allowances or any aspect of the Workplace Agreement can contact the Association’s industrial relations team on (03) 9495 6899. The Police Association has argued that there should be a specific jurisdiction to deal with freedom of association for police in Victoria. Section 127 of the Police Regulation Act states that it is not a disciplinary offence to cause disaffection in the Force in pursuit of legitimate industrial insterests. Freedom of association has moved into the 21 st Century with the Fair Work Act but this is all that is there for police and must be improved. There has to be a much more thorough and modern approach to this area for police. While The Police Association believes there is an indication by the state government they will rectify this situation, we hope that will happen in the foreseeable future. The Association is negotiating with the government to rectify the anomalies. Workers Compensation Review The Brumby Government is due to announce new legislation in September that will dramatically amend the Workers Compensation Act. The Association has lobbied the government to ensure they abandon plans to bolster the grounds for rejection of claims for psychological injuries. It is believed that the list of grounds for denying a claim for psychological injuries will be modernised but will still include decisions to transfer or demote members or to deny them a benefit. The Association has yet to see the legislation. August 2009 The Police Association Journal www.tpav.org.au
Page 1 and 2: VOLUME 75 - ISSUE 8 August 2009 www
Page 3: 3 President’s Message By Brian Ri
Page 7 and 8: 8 Legal News Drug and Alcohol Testi
Page 9 and 10: 10 YARRA RANGES COUNCIL SUPPORTS PO
Page 11 and 12: 12 Black Saturday Who was in charge
Page 13 and 14: THE POLICE ASSOCIATION 14 In profil
Page 15 and 16: THE POLICE ASSOCIATION 16 Why super
Page 17 and 18: 18 Police Federation of Australia N
Page 19 and 20: 20 Police Association History The P
Page 21 and 22: 22 Victorian on the Front Line Figh
Page 23 and 24: 24 Allen & Unwin ‘Thriller Of The
Page 25 and 26: 26 An important message from Bluey
Page 27 and 28: 28 Photography by gregnoakes.com Ph
Page 29 and 30: 30 Member Classifieds Surfers Parad
Page 31 and 32: 32 Ocean Grove, Barwon Heads & The
Page 33 and 34: 34 Delegates Police Association Del
Page 35: xclusive savings …so easy ® ! Po

August 2009 - The Police Association Victoria

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