SHIFT WORK

PSA members who work over 7 days of the week, shift work, or rostered to work regularly on active duties on Saturdays, Sundays and Public Holidays have enhanced conditions to compensate for not working normal hours. These include:

1. Increased annual leave loading,

2. Additional days recreational leave,

3. Penalty rates.

HEALTH

The PSA has become aware that some hospitals and health units are not abiding by the rules.

PSA ENTERPRISE AGREEMENT CLAIM

PSA is claiming increased penalty rates for all Public Sector workers.

1. LEAVE LOADING.

Most workers receive a leave loading of 17½% up to a ceiling (currently $573.20) for one full entitlement of annual leave or if a shift worker or seven days a week worker 20% (ceiling of $573.20). However, if the allowances and penalties payable had the employee not been on holidays were greater, they get paid that amount and the ceiling does not apply. At the PSA's insistence the Department of Health (previously DHS) has written to all health units advising them of this. If there have been any underpayments they are to rectify this. The PSA suggests that members check with their pay office in the first instance, if they think they have been underpaid.

2. ADDITIONAL DAYS LEAVE for working Public Holidays.

The S.A. Public Sector Salaried Employees (Interim) Award (SAPSSEI) Clause 6.2 stipulates that employees who are required to work over seven days a week will be paid for public holidays worked at the rate of time and a half and allowed an additional days annual leave, up to seven days in a financial year. All public holidays worked in excess of 7, the employee is to be paid at the rate of double time and a half. (DHS HR Manual 6.1 (7))

The Department of Health has confirmed that many Health Units are not applying the Award correctly.

3. ADDITIONAL WEEKS LEAVE

Employees who are regularly rostered to work over seven days accrue and are credited with recreation leave at the rate of 2½ days recreation leave for each month of service (equivalent to 25 working days per service year). PSM Act Determination 6 refers to working at least half of the Sundays and Public Holidays occurring in a year, though PSA considers that as long as it is regular and approximately half, then this provision should still apply. Health HR Manual does not specify 50% of Sundays and Public Holidays.

4. SIX WEEKS ANNUAL LEAVE

Employees who are regularly required to work over seven days and work 5 public holidays are entitled to six weeks annual leave.

Correctional Services Officers have slightly different entitlements under Part 9 of the SAPSSEI Award.

5. SHIFT ALLOWANCES

Standard Penalty Rates for Shift Work apply. (PSM Act Determination 11)

1. Afternoon shift (commence on or after midday and finish after 6.00 pm) 15% for all of shift.

2. Night Shift (commencing at or after 6.00 pm and finishing after midnight) 15% for all of shift. (For Traffic Inspectors night shift is between hours of 7.30pm and 8.00am.

3. Weekend Shift – 50% Saturday and Sunday

   The above apply in the Medical Scientists Award for MS1 or MS2. Does not refer to TOIL for Public Holidays. (Clause 6.3)

4. Public Holidays – as explained in 2 above. Time and a half and extra day recreational leave or TOIL or double time and a half. Traffic Inspectors by agreement (SAPSSEI Award 6.2.1 and 11.1.8)

5. Permanent Nights – This has been paid at 30%. Some units are saying this does not apply if employees volunteer for permanent nights.

The PSA EB claim is that night shift should be paid at a higher rate at least 30% permanent or not. This is needed to compensate for the disruption to family life. All other penalty rates to be increased.

6. OVERTIME RATES

This applies if required to work in excess of eight hours a day or 38 hours per week. Payment then commences from 7.5 hours.

1. Time and a half for first three hours double time thereafter.

2. Double time all day Sunday and after 12 noon on Saturday.

3. Public Holidays. Double time and a half or if employee requests time and a half and TOIL.

7. WORKING OUTSIDE OF NORMAL HOURS. You can not be required to work and not be paid. The SAPSSEI Award, specifies that if you are required to work outside of your normal hours, that these hours are paid at the overtime rate of time & a half. The PSM Act Reg. 20 says normal hours are 8.45 to 5 pm.  Health HR Manual says 8 to 6. PSA contends that this is the flexi-time band width and normal hours are 8.45am to 5.00pm.

So if you are required to work outside these hours (& not voluntarily as in flexi time) PSA says the penalty rate of 50% applies. PSM Act Determination 11 states that for all time worked before 7.00 am and after 6.00pm when it is not a shift, employees are paid at rate of 115%. SAPSSEI Award specifies this only for Traffic Inspectors but for majority of employees under the SAPSSEI Award, who are not shift workers PSA claims that the 50% should apply.  PSA wants to ensure that these rights are in your Enterprise Agreement.

8. WORKING MORE THAN 5 HOURS WITHOUT A BREAK. Employees are required to have at least a half hour unpaid break every 5 hours. This is a mutual obligation. However sometimes the work situation necessitates working past the 5 hours. For Correctional Services Officers their Award provision specifies that they get paid at time & a half until they get a half hour break. For other workers this penalty rate is not specified in the Award, although the PSA considers that the same principle applies. The 2002 Enterprise Agreement ensures that at the least employees get TOIL for extra time. The principle is that workers get paid for the time they work. The PSA wants penalty payment expressed clearly in the next EA. It is essential that workers fill out their time sheets accurately, & get sufficient breaks. Any breaks less than 30 minutes are in paid time. If recalled to duty during lunch time with less than a half hour break then that time is paid time and an unbroken half hour break is still required.

9. 8 HOUR BREAK. An employee must have at least an 8 hour break between ordinary working days. If because they have been working overtime, eg. recall to duty, so they have not had 8 consecutive hours off duty between the finish of their ordinary work on one day and the commencement of ordinary work on the next day, they will be released on the completion of such overtime until they have had the 8 consecutive hours off duty without loss of pay for ordinary working time arising during such absence. If on instruction of the employer, an employee resumes or continues work without a break they will be paid at double time until released from duty for such a period and is entitled to be absent until they have had 8 consecutive hours of duty without loss of pay for ordinary working which occurs during such absence and then paid at ordinary hours for the completion of the shift. (SAPSSEI Award 6.1.8, Medical Scientist Award 6.2.7) The PSA considers that for OHS&W reasons, an 8 hour break is insufficient and it should be at least 12 hours to take into account travelling and meal times.

PRINCIPLES The hourly rate of pay of an employee is based on working 7.5 hours a day, Monday to Friday between the hours of 8.45am and 5.00 pm. Any requirement by the employer to work outside of these hours will attract a penalty payment. The PSA is negotiating to ensure these penalties are increased and are consistent.

CONCLUSION. Most penalty rates are in Awards, Determinations or HR Manuals, others are custom & practice. The PSA wants these entitlements improved and consolidated in an Enterprise Agreement so that they will apply to all Public sector workers equally. VOTE NO to the Government's EA proposal, so that PSA can ensure you have these conditions.

FEEDBACK If members have any feedback or comments on these conditions or PSA  claims email Ian Peak ian@cpsu.asn.au

VOTE *NO* FOR WAGE JUSTICE

16 July 2004