Chief Commissioner of Police v Kerley

The appeal before the court concerns the interpretation of two industrial instruments which governed the employment of members of the Special Operations Group (SOG) of the Victoria Police Force. The appeal arises from a decision of the Magistrates' Court of Victoria (Industrial Division) which found that SOG members were entitled to stand by allowances under the Victoria Police Force (Police Officers, Protective Services Officers, Police Reservists & Police Recruits) Certified Agreement 1998 and the Victoria Police Force Certified Agreement 2001. The Chief Commissioner of Police appealed the decision on the basis that the SOG members were not entitled to the allowances claimed.

The central legal issue before the court was the interpretation of the terms "on call" and "availability for duty" allowances under the 1998 Agreement and the 2001 Agreement. The court had to determine whether the SOG members were entitled to the higher on call allowance or the lower availability for duty allowance. The court also had to consider whether the SOG members were entitled to any stand by allowances at all, and if so, for which periods.

The court found that the SOG members were required to be available for emergency call-outs at all times, and that they were required to remain within a 45 km radius of the Melbourne GPO, abstain from drinking alcohol, be immediately contactable and be fit and ready to respond at all times. The court held that the terms "on call" and "availability for duty" were not interchangeable and that the higher on call allowance was payable to the SOG members. The court found that the SOG members were entitled to the on call allowance for the entire period from 1 April 1999 to 30 March 2005. The court also found that the Commissioner was not entitled to repayment of the allowances paid.

The court adjourned the appeal and ordered the parties to provide short minutes of order to give effect to these reasons.