Information for our Juvenille Justice Centre members about the Night Shift additional 15% allowance and when it applies.

Victorian Public Service Agreement 2006 - Clause 34.2.4 Night Shift Penalties.

After a broad examination of this entitlement and an approach to the Department, DHS Industrial Relations and Legal Team examined the clause and its implications and the Director advises CPSU that most staff working night shift are there by mutual agreement.

DHS say they are prepared to listen to arguments from individuals who believe they are not in ongoing night shift positions by choice.

Both in context and history however CPSU can see no way forward with the current wording without affecting employees as the argument rests on whether the employer "requires" shifts in this manner or is just facilitating flexible work arrangements to meet the needs of the employees notwithstanding individual cases with merit.

It is believed such cases would be limited or occur sporadically for short term positions exceeding 4 weeks as defined in clause 34.2.4.

34.2.4 Afternoon or Night shift (except public holidays)

When required to perform shift work on an afternoon or night shift on any day Monday to Friday inclusive (except a public holiday), an additional allowance at the rate of 15 per cent of the appropriate hourly rate for each hour of duty; and

34.2.4(a) When required to perform such duty continuously for a period exceeding four weeks on a shift:

34.2.4 (a) (i) commencing before 8.00pm and continuing beyond 6.00am;
34.2.4 (a) (ii) falling wholly within the hours of 8.00pm and 6.00am; or
34.2.4 (a) (iii) commencing between 8.00pm and midnight and lasting for at least eight hours

an additional allowance at the rate of 15 per cent of the appropriate hourly rate for each hour of duty in addition to the allowance specified in clause 34.2.4 above. This additional payment will not apply where, but for mutual agreement, the Employee would be required to work rotating shift duty.

CPSU has received advice of a case where circumstances for applying the additional allowance may exist and the conditions may meet the criteria set out in 34.2.4

If this matter is pursued till all avenues are exhausted, bearing in mind the implications of the new industrial relations legislation, the union may end up with a platform to argue individual cases if they arise and are assessed as meeting the criteria at 34.2.4.

Members can contact CPSU Industrial Organiser Mark Tipping on 9639 1822 with questions or who believe they have a case with merit (required to perform such duty continuously for a period exceeding four weeks and it is not by mutual agreement).


TOGETHER WE DO BETTER!


KAREN BATT
CPSU Victorian Branch Secretary

Monday, 16 July 2007