This matter was referred to the Industrial Relations Commission of South Australia. The Commission has recommended that each affected worker receive their back payments as soon as possible.

The Commissioner's Statement and Recommendations are printed in full below:
    "V.C. 24/2008
SOUTH AUSTRALIA
IN THE INDUSTRIAL RELATIONS COMMISSION
NO. 7615 of 2008
    IN THE MATTER of a dispute between Department for Correctional Services and the Public Service Association of SA Inc
                - and -
    IN THE MATTER     of a voluntary conference pursuant to Section              200 of the Fair Work Act 1994.

STATEMENT AND RECOMMENDATIONS
COMMISSIONER P.J. McMAHON
ADELAIDE 11 DECEMBER 2008

This matter concerns a dispute notification by the Department for Correctional Services (DCS). The notification advised that the Public Service Association (PSA) and its members intended to implement industrial action from Wednesday 10 December 2008. This action relates to the refusal to admit or process new admissions, transfers or return prisoners after 5.00pm each day. The dispute affects the majority, if not all of the public prisons in South Australia.

The department contends that this action jeopardises their statutory obligations as they are bound by law to imprison inmates once they have been remanded in custody. The department is also concerned about the health and safety risks that the industrial action creates for the affected prisoners.

Although there are two matters, the primary concern and the catalyst to the industrial action is the delayed back payment to seven day shift workers regarding the miscalculation of their recreational leave loading (Clause 1.5.2.2 of the Public Service (Recreational Leave Loading) Award). The second issue relates to whether public holidays taken during leave are inclusive or exclusive of that leave. While this matter is important it is the back payment of the leave loading that is the burning issue.

The PSA contends that this matter has been the subject of discussions and correspondence dating back to February 2005 when the PSA first raised concerns. Without trudging through all of the meetings and correspondence, it is acknowledged that agreement was reached in mid 2007 between DCS and the PSA on the matter of the leave loading. In April 2008 the process of back paying the affected employees commenced. The PSA reasonably assumed that this would be finalised by the end of the last financial year. DCS advised at the conference that the delay had been created due to the public holiday issue impacting on the total cost relating to recreational leave and the need to have the finances endorsed by Cabinet before restitution can be made.
To resolve this matter DCS have committed to attempt to have a submission on these matters before the final Cabinet meeting for this year The meeting is scheduled for Monday 15 December 2008. While DCS will do everything they possibly can to have a submission made by this time, if they are unsuccessful they will have a full submission available for the next Cabinet meeting scheduled for 12 January 2009. The intention of DCS is to have the submission available for this year’s meeting and the department will support the position of the back payment.

The submission will also include provisions for an extra amount of money if it’s agreed that public holidays are to be paid. However I must state that the Government position on the public holidays has not been fully formalised at this time. The PSA and DCS position on the leave loading is supported by Public Sector Workforce Relations (PSWR). If DCS are successful in putting the submission on 15 December, due to the hectic payroll schedule over the Christmas period, it is unlikely that back payments will occur before the new year.

Given the sensitivities surrounding this matter, the department has agreed to provide indicative amounts owed to each employee and this information will be provided as soon as possible after the Cabinet meeting. DCS and the PSA will discuss how this can best occur.

I must stress this matter has been outstanding for too long. The Commission is sympathetic to the PSA’s claim and urges the department to settle the matter urgently.
RECOMMENDATIONS
With the above commitments of DCS and PSWR in supporting the back payment in an expeditious manner and in consideration of the potential concerns created by the bans and limitations relating to prisoner transfers and admissions, the Commission recommends the following:
1.THAT the Department for Correctional Services commits to do everything possible to present a supportive submission to the Cabinet meeting scheduled for 15 December 2008.
2.THAT the Department provide an indicative monetary amount that each affected worker should receive in back payments as soon as possible after that meeting.
3.THAT all industrial action relating to the dispute cease immediately.
4.THAT these recommendations be provided to the Minister responsible for Correctional Services.
5.THAT the PSA calls meetings of its members to discuss these recommendations within the following time lines.
1.All metropolitan prisons Thursday 11 December 2008;
2.Cadell, Port Augusta and Port Lincoln Friday 12 December 2008. (It is acknowledged that alternative arrangements may need to be made for Port Lincoln.)
6.THAT the parties report back to the Commission on Tuesday 16 December at 11.30am.
Leave is reserved to the parties.”

For any further enquiries and comments, please contact PSA Industrial Officer Margaret Jeffries on phone (08) 8205 3263 or email mj@cpsu.asn.au