Case: In the matter of an application to vary the Municipal Officers' (South Australia) Award 1973 (1981) 255 CAR 431
Outcome: cited
In another decision in the same matter relating to hours of duty and definition, Isaac DP was concerned with a proposal to include in the Municipal Officers' (South Australia) Award 1973 a flexible statement of the hours of duty of community service officers. The Local Government Association in that case proposed that, in the area of community service, the ordinary hours of duty would not exceed 38 hours per week to be worked as required by the employing authority except that by mutual agreement such ordinary hours could be worked at any time on any day to a maximum of 76 hours in any two week period or 152 hours in any four week period. Isaac DP observed that the proposal was new and designed to cover community service officers. The submissions put by the Local Government Association, were to the effect that flexibility of hours is a necessary feature of community service work: 'Rigid application of the standard spread of hours would restrict the provision of community service while the imposition of penalty rates for work outside such hours would place a financial burden on councils, result in a reduction of such service and possible retrenchment of community service officers. There should be a provision under the award, it was submitted, for a council to come to an agreement with the individual employee for the standard 38 hours per week, or some multiple of it for longer periods, to be worked outside the spread of hours on any day of the week without incurring penalty rates.' Isaac DP did not include the provision proposed by the Local Government Association but observed that the requirement of flexibility and hours of work had been well established by the evidence and he would expect the Municipal Officers Association to allow such flexibility to operate within reasonable bounds to meet the needs of the community In the matter of an application to vary the Municipal Officers' (South Australia) Award 1973 (1981) 255 CAR 431 at 439 and 440. This history supports the welfare centred reading of the term which was adopted by the learned Industrial Magistrate. 63 The City submitted that the purpose of having a separate classification for Community Services Officers was to enable councils to employ them in positions which required working outside normal business hours without the application of penalty provisions such as overtime. The wish to achieve that degree of flexibility could apply to a number of positions other than Community Services Officers. To attach such flexible hours of work provisions to the position of Community Services Officer does not mean that flexible hours of work attaching to a position supports its characterisation as that of Community Services Officer. The question whether an employee is a Community Services Officer depends upon the duties contained in that person's contract of employment and not upon his or her hours of work. 64 It may be accepted that even allowing for the limitations already canvassed the definition of 'Community Services Officer (Welfare and ancillary services)' is of considerable width. For present purposes it is unnecessary to exhaustively define its limits. It is sufficient to determine whether the position of Patrol Officer as described in Mr Van Der Waarden's Contract falls within it.