PSA members at the Shared Services meeting, held at the PSA on 19 September 2008, endorsed the taking of Industrial Action to pursue PSA claims re Governments proposal for positions moving to Shared Services SA. This action included work to rule.

Actions that members have a right to take at any time are as follows:

1. Not work in excess of 7.5 hours in a day or 37.5 hours in a week

2. Work only 8.45am to 5pm

3. Reduce any flexi-time credit to a nil balance

4. Reduce any TOIL to a nil balance

5. No unpaid over time

Full time employees

Cannot be given a lawful instruction to work in excess of 7.5 hours per day or 37.5 hours per week unless this is paid as overtime.

Award Clause 6.1.4 “An employee may be required to work reasonable overtime.”

“Reasonable” includes reasonable notice and takes into account the impact on family and social life.

TOIL only applies if the employee requests it (Award Clause 6.1.7).

Part Time employees

Hours are “fixed and constant” and employees CANNOT be required to work extra hours “without their consent.”

An employee can elect not to participate in a flexi-time scheme (Clause 6.6). Even within a flexi-time scheme an employee cannot be directed to work in excess of their normal hours without being paid overtime.

It is not lawful for a supervisor to make any direction to an employee which is in breach of the above award conditions.

The Enterprise Agreement Clause 11.4 states under Occupational Health Safety and Welfare “an agency will not require an employee to have an unreasonable workload”.

PSA members are within their rights to work within the above hours and undertake only a reasonable workload.

Please contact PSA Acting Assistant Chief Industrial Officer, Ian Peak should you have any queries on (08) 8205 3294 or email ian@cpsu.asn.au