Members were advised via a bulletin that there was an immediate ban on paid overtime (OT) and a forced use of time off in lieu (TOIL). This direction was a direct breach of the House With No Steps Enterprise Agreement 2013 (HWNS EA 2013).
You can view the previous related bulletin HERE.
Today, your union, CPSU NSW was advised by Aruma senior management that the direction to take forced TOIL and removing the workers choice to elect to be paid OT has been formally withdrawn.
CPSU NSW has been provided with the withdrawal notification to Manager Shared Living (MSLs) and is satisfied that the provisions of the HWNS EA 2013 for employee choice for paid OT or TOIL has been restored.
While CPSU NSW considers this to be a pragmatic and positive outcome, the discounting of your work by taking TOIL remains in place until a new enterprise agreement is made and ratified by the Fair Work Commission.
Until that occurs, TOIL at ‘hour for hour’ conversion will continue to provide no benefit to any worker agreeing to cover roster shortages under the current enterprise agreement.
CPSU NSW will continue to push in bargaining for an improvement in TOIL that fairly remunerates members for assisting in times of staffing shortages and crises.
Our aim is that the ‘hour for hour’ conversion of worked OT be removed and replaced by TOIL conversion at an appropriate OT equivalence.
What’s next?
CPSU NSW considers the dispute has been resolved in a way that satisfies members industrial concerns and maintains your rights at work.
Regardless, the ‘hour for hour’ TOIL provision remains intact. CPSU NSW members should continue to seriously consider whether they gain any benefit from being a team player and taking on extra shifts if Aruma continue to compensate the extra work with TOIL on an hour for hour basis.
After all, CPSU NSW members who deliver essential support to disable participants are not the cause of budget blowouts and deficits. For a fact, it is CPSU NSW frontline DSWs and MSLs who generate the income for Aruma.
It is only fair and reasonable that if you do take on extra shifts, that you are properly paid for any OT that you work.
United we bargain. Divided we beg!