Manager Shared Living (MSLs) CPSU NSW members have raised concerns about the following direction from their Regional Manager:
Effective immediately, there will be zero Overtime granted, we simply don’t have the funds for OT and if I can kindly remind you, your wages are from our participants funding.
Disability Support Worker (DSW) members have advised CPSU NSW that their Manager Shared Living (MSLs) have emailed to advise of this immediate ban on the payment of overtime (OT).
Instead, according to formal advice members have shared with CPSU NSW, Aruma will only allow for Time Off In Lieu (TOIL).
The House With No Steps Enterprise Agreement 2013 (HWNS EA 2013) deals with TOIL and overtime payments. It’s clause 23.2 says:
23.2 Time off instead of payment for overtime
By mutual agreement, an employee may be compensated by way of time off instead of payment of overtime (hour for hour) on the following basis:
The RMs direction to MSLs forces Disability Support Workers (DSW) members who agree to cover staff emergency shift relief onto TOIL.
Members should note that CPSU NSW was not involved in bargaining for the HWNS EA 2013. TOIL at ‘hour for hour’ conversion provides no benefit to any worker agreeing to cover roster shortages under the current enterprise agreement.
To improve working conditions for members, CPSU NSW has consistently pushed in bargaining that the ‘hour for hour’ conversion of worked OT should be removed in the next enterprise agreement.
Where’s the consultation?
Such a significant change to CPSU NSW members conditions of employment must be consulted with the union, prior to implementation in the workplace. Aruma has not consulted with CPSU NSW about this change.
CPSU NSW views the Regional Manager’s instruction to MSL forcing TOIL to be unlawful. Any MSL who refuses to issue an instruction forcing TOIL and removing the workers choice to be paid OT will have the support of CPSU NSW should any disciplinary action arise.
The RMs communication to MSLs includes an implication that OT is being abused by DSWs. CPSU NSW rejects any suggestion that DSW members abuse OT.
Very clearly, Aruma has problems attracting and retaining staff which leads to short shifts and inadequate staffing numbers to properly support participants.
Removing any real reward for being a team player and taking on an extra shift to support participants does nothing to incentivize new employees or keeping existing employees.
Super-hero MSLs to the rescue!
The RMs instructions to MSLs indicates that they will have to step in and cover staff shortages on the floor.
With an increase in complexity of the MSL role now looking after three or four sites, how on earth can RMs expect them to cover DSW absences?
Any MSL member who can be working on multiple sites at once should immediately contact the union and share their secret ability.
What’s next?
Under the HWNS EA 2013 Aruma are required to meet with the CPSU NSW to attempt to resolve the dispute.
Until the dispute is resolved, CPSU NSW members should seriously consider whether they benefit from being a team player and taking on extra shifts if Aruma will only compensate the extra work with TOIL on an hour for hour basis.
CPSU NSW has requested that Aruma immediately retract the Regional Manager’s unlawful direction to MSLs. Further, CPSU NSW has requested that any MSL who has emailed a blanket ban on paid OT to DSWs should also be withdrawn.
Your union is presently awaiting a response from Aruma. Members will be updated as the dispute progresses.
