Industrial

I

INDUSTRIAL Travel allowances

Steve Whetton Assistant Secretary Police Association

Private motor vehicle travel claims continually frustrate regional members.

The Police Association knows of a case in which a country member submitted a claim for “private” motor vehicle travel he/she undertook to attend, and return from, the Magistrates Court in two metropolitan districts.

According to SAPOL general orders (Rates – employee claims and reimbursements) a private vehicle used on transfer – for permanent, temporary or relieving duties – attracts, for motor cars or station wagons, 32 cents per kilometre.

A private vehicle used (with prior approval) for “official purposes” attracts 100 cents per kilometre.

The general order does not define official purposes.

In line with SA Police requirements, the member sought approval to travel by air and the supply of taxi vouchers to attend the respective courts in his/ her official capacity as a police witness.

General orders (Travel) stipulate that members should, in the first instance, contact their administration managers in respect of air travel. According to the guidelines, “an employee who is travelling is required to select the lowest airfare that is compatible with their business needs”.

The order further stipulates that an employee should only hire vehicles/ taxis, when necessary, in connection with specific SAPOL duties, and must make sure that only the legal fare is charged.

The association understands that the flights for the member were not approved and a request for a police vehicle followed. When travel options are confirmed in writing to be unavailable and you choose to use your private vehicle for official purposes, you are thoroughly entitled to claim the appropriate reimbursement.

The subsequent instruction to the member was to travel in his/her private vehicle, and an application for that purpose received approval.

General orders (Private Vehicles) stipulate that:

“Employees must not use their private vehicle on duty without permission from their District/LSA/branch manager.

“Employees will not be required to use their private vehicle for official purposes when they do not want to. Employees wanting to withdraw their acceptance to use their private vehicle on official business must notify their District/LSA/branch manager. ”

The member, who had no other options, used his/her private vehicle to travel to Adelaide to attend the courts and give evidence as a police witness.

Then, in line with general orders (Rates), the member submitted a request for reimbursement for 1,402 kilometres at the then-rate of 98 cents per kilometre.

SAPOL rejected the claim and gave its approval only for 31 cents per kilometre for travel. It also ordered the claim be “capped” at $300.

The association wrote to SAPOL to seek payment of the appropriate remuneration rate of 98 cents per kilometre.

The SAPOL response was that the relevant industrial instruments were the applicable general order and determination 3.2 for the Commissioner for Public Sector Employment (CPSE).

The CPSE determination stipulates that:

“When public or Government transport is available, that transport is to be the first preference. However, where the employer is satisfied that there are grounds for the use of a private vehicle, reimbursement will be limited to the cost of travel by public transport. ”

The determination provides the basis for “capping” reimbursement rates at the cost of a bus fare when an employee uses his or her private vehicle for official purposes.

This is clearly and grossly unjust. A member drives his or her private vehicle for eight or more hours to Adelaide for official police business and returns to his or her country location for reimbursement equal to a bus fare.

The association sought industrial advice on the application of determinations of the CPSE pursuant to section 16(1)(b) of the Public Sector Act 2009 and regulation 9 of the Public Sector regulations 2010.

The determinations of CPSE apply only to employment to which part 7 of the Public Sector Act applies – which is not employment under the Police Act.

The member had a clear entitlement to reimbursement at 98 cents per kilometre.

SAPOL has subsequently agreed to the payment at that rate.

If you are required to travel for official purposes, communicate with your manager as soon as possible and retain all e-mail and other written communication covering your request for airfare and/or the use of a police vehicle.

If you are directed to use your own vehicle, express your position on that to management in writing.

When travel options are confirmed in writing to be unavailable and you choose to use your private vehicle for official purposes, you are thoroughly entitled to claim the appropriate reimbursement.