News Flash

The PSA has recently been advised by members that the Central Northern Adelaide Health Service (CNAHS) is implementing a “CNAHS Savings Strategy” of increasing the requirement before being paid Higher Duties Allowance to over 3 weeks. The current requirement as per the Department of Health (SA Health Care Act) HR manual Part 5.1 and PSM Act Clause 4.5 is 6 days or more.

The PSA has advised CNAHS management that as this policy is in breach of the Industrial instruments it would constitute an “underpayment of wages” and the PSA could seek back pay for members in the Industrial Court. It is an obligation that an employer pay the rates as prescribed by the Award and Enterprise Agreement.

For the last round of Enterprise Bargaining in 2006, the government agreed with the PSA claims, that employees should be paid in some circumstances for even one day if they were required to perform duties at a higher classification level. For Public Servants this required an amendment to Clause 4 of the PSM Act, “Additional duties allowance”. This agreement was written into Clause 20.4 of the current Enterprise Agreement “subject to appropriate amendments being made to the Public Sector Management Act. The CE, Department Premier and Cabinet will within 3 months.....” in conjunction with the PSA develop a Policy for “payment for additional duties......where the employee is required to exercise an authority or delegation during the absence on leave of a higher classified employee.”

The PSA expected the Clause to be changed by April 2007. The Government this year made the draft change and it is currently in the Public Sector Bill gazetted by Parliament recently and will come into effect in approximately 6 months time.

But until the new policy is developed, Higher Duties should be paid for 6 days or more.

An employer is required to pay the employee at the classification level they are required to work. Similarly, an employer is required to pay overtime at overtime rates if they require the employee to work additional time.

If the employer states they will not pay Higher Duties or Overtime as per the Industrial instruments, the employee should not undertake the additional duties or work the extra time.

It is a fundamental industrial principle that employees must be paid for the hours they work and paid at the prescribed rate.

The PSA is raising this issue with the Chief Executive of Department of Health.

20 August 2009