Fulham Correctional Centre and public holidays
During our agreement negotiations earlier in the year the status of public holidays was reviewed and CPSU representatives sought clarification about how public holidays were valued in the loading that is paid and applicable at FCC.

Documentation provided by GEO showed that 6 days were factored into the loading calculation.

CPSU argued that this only represented compensation for the average number of public holidays likely to be worked over the year.

In our view the loading did not cover a paid day off for public holidays.

Elsewhere it is common practice for rostered workers to receive extra leave to cover public holidays.

This is the case in Victorian public prisons, Port Phillip prison, and at some interstate correctional facilities.

GEO disagreed that the value of public holidays had not been adequately loaded into the all up rate.

It was acknowledged that the provision of extra leave was a common industrial standard. But there was no agreement about whether the loading paid at FCC included all the public holidays.

Ultimately the parties agreed to disagree about the matter and to deal with it in the context of the new National Employment Standards (NES).

At the time our negotiations were underway the NES were not in final form and there impact on existing agreements – as opposed to agreements entered into after 1 January 2010 – was not known.

Transitional legislation NOW provides a ‘no detriment rule enabling the NES to override an existing agreement where an agreement is detrimental to an employee.

Fair Work Australia (FWA) is responsible for dealing with applications about such claims.

In January 2010, CPSU intends to take this matter to FWA to seek the additional loading that did not cover a paid day off for public holidays in our view.

FWA has the capacity to:

• to resolve an uncertainty or difficulty relating to the interaction between the instrument and the National
Employment Standards; or
• to make the instrument operate effectively with the National Employment Standards.

Please note this is a new area of IR law and it is unclear how FWA will apply the ‘no detriment test.

Click for a more detailed explanation;
http://www.cpsuvic.org/public_docs/NES-AWARDS-AGREEMENTS.pdf

I will keep members briefed of the developments next year but in the interim I would like to wish you all a safe and happy Christmas season.

KAREN BATT
CPSU Victorian Branch Secretary

Monday, December 14, 2009