News Flash

After considerable negotiations with Government representatives and appearances in the Industrial Commission over the past months PSA has had additional conditions included within the SA Public Sector Salaried Employees (Interim) Award 1994.

This award covers PSA members in the Professional (PSO), Technical (TGO), Operational (OPS) and Administrative (ASO) streams. These conditions should also flow on to our members classified as Dentists, Lawyers, Medical Scientists and School Services Officers.

A number of the following matters will be of particular interest to Allied Health Professionals.

Overtime

The Award previously stipulated a limit on officers entitled to be paid overtime at the ASO5 (PSO2, OPS6, TGO4) level. The Award now allows for employees at or above ASO6 (PSO3, OPS7, TGO5) to be paid overtime, if they are regularly required to work overtime and the extra duty has been directed and certified. (Clause 6.1.3.4) If the employee requests and the employer agrees Time Off In Lieu will be granted in lieu of overtime payment (Clause 6.1.5)

Recall to Duty

All employees (but less than executive level or equivalent) will be entitled to payment for all time worked with a minimum of 3 hours paid overtime when recalled to work necessitating their attendance at a workplace.

For work performed from home when on call employees will be entitled to payment at overtime rates provided that the total time spent working on any day or night is at least 30 minutes.

Flexitime (Clause 6.6)

A broad definition of flexitime is now in the Award.

This specifies that the scheme must be agreed upon between the employees at the workplace and the employer. An employee can elect to work normal hours and not participate in the scheme (normal hours are usually 8.45 am to 5.00 pm, but this is not stated in the Award).

Flexitime cannot be used to reduce or increase the total number of ordinary hours that may be worked by an employee.

If an employee is directed and authorised to work in excess of their normal hours, then overtime rates or T.O.I.L. apply. (Even if this is within the flexitime band width).

The usual band width (8 am to 6 pm) and core times (10 am to 4 pm) is not specified in the Award, so this allows for variation at the workplace. The Award does specify a minimum 30 minute lunch break and that the maximum number of hours worked within a flexitime scheme be 9.5 hours in one day.

Working on a Public Holiday (Clause 6.2.1)

The Award previously stated that if a 7 day a week worker worked on a Public Holiday they would be paid time and a half (150%) and allowed an additional days annual leave.

The Award now states that if a employee requests they will be paid at the rate of double time and a half (250%) instead of having the additional day off.

Public Holidays falling on a P.D.O. (Clause 6.3 and 9.4.6)

Where a public holiday falls on a day that would otherwise have been an employee's programmed day off, that employee will be given an additional P.D.O. on the working day immediately preceding or immediately following the public holiday.

Public Holidays falling on a R.D.O. (Clause 6.4)

For an employee who is rostered over 7 days, when a public holiday falls between Monday to Friday, if it falls on their R.D.O. the employee will receive an extra days pay or if the employer and employee agree, be given an extra day off immediately preceding or following the public holiday.

Shift Work and Penalty Rates (Clause 6.5)

For employees required to work outside hours of 8 am to 6 pm Monday to Friday, and which is not overtime.

Afternoon shift (commence after 12 midday Monday to Friday work after 6 pm) an additional 15% for all of shift.

Saturday, Sunday shift. an additional 50% for all of a 7.5 hour shift.

If an employee commences work before midday but finishes after 6 pm or commences before 7 am and finishes after 8 am, which is not a shift or overtime (as defined in this Award) will be paid an allowance of 15% for all time after 6 pm or before 7 am.

For a Night Shift commencing after 6 pm and finishing after 12 midnight an employee will be paid an additional allowance of 15% for all of the shift. If it is a permanent night shift, they will be paid an allowance of 30% for all of the shift. (A permanent night shift as defined is if an employee is required to work two thirds of their working time on night shift. PSA's application for this definition has been adjourned to 23/12/05).

Safety Net conditions

These conditions now in the Award become the Safety Net conditions. The PSA has put in claims for higher penalty rates through the Enterprise Bargaining process.

With the changes to Federal Industrial Relations, this Award will provide protection for 3 years for those areas which come under the new federal jurisdiction, unless an employee is on an AWA (individual contract).

Increases in Allowances/Reimbursement

Some of these were increased as of 22/7/05 as Safety Net adjustments as previously advised. Others, e.g. Meal Allowance (clause 5.3.1.2, 5.3.1.3and 5.3.13.4) will be increased by the CPI, (Consumer price Index) as of 23/12/05. This also applies to accommodation and meals as per clauses 8.5 and 8.6. These new rates will be advised later. They will apply from 23/12/05.

Operative dates

All other changes as advised in this brief will apply as from Wednesday 21 December 2005.

For any enquiries please contact PSA Industrial Officer Ian D Peak on 8205 3294

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