Federal Court proceedings mark a dramatic escalation of the police pay dispute crisis

The Police Association has launched a bombshell court action over what it says are thousands of hours of unpaid work done by officers at the beginning and end of their shifts.

Victoria Police is facing a bombshell court action from its members’ union, claiming they’ve been dudded out of hundreds of millions of dollars of overtime, in a dramatic escalation of the pay dispute crisis.

The Police Association on Wednesday launched proceedings in the Federal Court, demanding the force cough up six years’ worth of unpaid wages for current and former officers, the Herald Sun can reveal.

It comes after police last month began walking off the job for the first time in 25 years – with rolling stoppages continuing.

The union’s court claim relates to what it says are thousands of hours of unpaid work done by police at the beginning and end of their shifts.

The Police Association on Wednesday launched proceedings in the Federal Court. Picture: Nadir Kinani

Officers are expected to arrive at stations about 30 minutes before their rostered start time for what is known as “kit up and kit down duties”.

This involves getting dressed into their uniform at the station – which is a force requirement. It can also include preparing tactical equipment such as ballistic vests, firearms and tasers, checking breath and speed testing equipment, sorting paperwork and preparing cars for patrol. Before shifts officially begin, officers also need to be briefed on all live cases, suspects missing person alerts and crime trends.

Officers go through a similar process at the end of shifts, but the union says they can only claim overtime when any block extends beyond 30 minutes.

The union’s court claim relates to what it says are thousands of hours of unpaid work. Picture: Nadir Kinani

The union says thousands of officers consequently miss out on up to five hours of overtime a week – equal to nearly six weeks’ pay (which would be about $10,000 for a junior constable) over a year.

Police Association secretary Wayne Gatt said every officer should be paid for their kit up and kit down duties.

“Victoria Police refuses to give them back this time, so they must compensate them for it,” he said.

“Our members are driven by their commitment to the safety of the community, but they are workers, not philanthropists.”

Police Association secretary Wayne Gatt says Victoria Police must compensate officers. Picture: Jake Nowakowski

The police pay dispute, now in its 18th month, has seen relations between many members and force command sour to an all-time low, with slogans such as “our chief, the thief” and “overworked undervalued” scrawled on patrol cars.

Earlier this year, the union proposed a nine-hour day, nine-day fortnight, allowing police to be paid for kitting up and down.

The deal, which the government supported but force bosses warned would result in less officers on the beat and stations closing, was voted against by members in July.

The union, with the support of members, is now calling for a yearly six per cent pay bump over the next four years and new 8.5 hour shifts.

But the Allan government has refused to stump up the cash and force bosses say they can’t afford the union demand and keep to their budget.

With no resolution, Victoria Police has applied for the dispute to be decided by the Fair Work Commission.

The union is fighting that, saying the government and force command should return to the negotiating table with a revised offer.

Opposition police spokesman Brad Battin called on Premier Jacinta Allan and Police Minister Anthony Carbines to step in and resolve the dispute.

“The unprecedented action by Victoria’s frontline police could have been avoided by a simple show of respect from the Allan Labor government,” he said.

“The decision by Premier Jacinta Allan and her colleagues to walk away from the negotiating table and for Treasurer Tim Pallas to say he will find the money to pay police if forced by Fair Work Australia highlights the contempt Labor has for our thin blue line.

“Crime is up, there are more victims than ever, more violence on our streets, and more offences daily. Yet, we have fewer police and less respect for the hard-working frontline.”

Mr Gatt said the new Federal Court action could come to hundreds of millions of dollars as it also sought to claw back cash for former members.

“(It’s) money that should already be sitting in the bank accounts of our hardworking members,” he said.

“For too long, the operational framework and requirements of Victoria Police have relied on our members working for free at the beginning and end of their shift to facilitate a policing response to the community around the clock.”

Victoria Police said in a statement on Wednesday night that “While Victoria Police acknowledges some employees may believe the organisation has not been paying its employees appropriately, Victoria Police rejects any suggestion it has been underpaying its officers.”

“Police are compensated for up to 30 minutes of work outside their ordinary hours through a longstanding provision dating back almost 60 years,” the statement said.

“These arrangements have been reviewed at key points over those 60 years and at every stage have been retained as part of our employee terms and conditions.

“These arrangements have long been reflected through higher salaries and allowances.

“It is noted TPAV’s claim has been raised in the context of a protracted industrial dispute with employee entitlements for kitting up and kitting down to be considered as part of any future determination.

“Victoria Police has provided information to the Fair Work Commission in relation to the application of overtime.

“Our police do an amazing job day in day out and Victoria Police remains committed to ensuring they are fairly compensated for their dedication and commitment in keeping the community safe.”