On-Call for 'Salaried Staff' Position for discussion and ... - ASU NSW

Draft Protocol for discussionLWB pay an on-call allowance of $30 for periods between 5pm and 9am during the weekand $50 for 24 hour periods on the weekend.On-Call should be for emergencies only.The use of On-Call needs to be continually monitored to ensure that on-call does notbecome relied on as something other than dealing with pressing issues. The work performedon-call should not become systematic. Should the On-Call system become onerous – furthernegotiations about an alternative system (where specific workers – work outside of hours, asexample) will need to be considered. Workers should not be expected to carry out theirordinary work while on call.If workers are required to be called back (that being they need to leave their home to attendto work) they should be paid at Overtime rates from the time they are required to leave homeaccording to the Award. Workers who choose to take TIL instead of overtime payments willbe provided TIL in accordance with the Award – that being hour for hour.If workers are required to attend work (regardless of the location) as call-back and the workpresents issues with WH and S they should not return to the workplace until they have hadadequate time away from work.Should on-call workers be required to work on the ‘phone for extended period or a number oftimes – to the extent that they have been required to work over the phone and their time offhas been significantly interrupted WH and S issues should be considered and risksminimised by management through TIL arrangements.Existing staff should be rostered on a voluntary basis. Being available to be On-Call canform part of the contract of employment for new workers and those existing workers whoagree to be on-call – provided the arrangements are agreed.For the calculation of payment for call-out work of the base rate of pay the worker’s salaryshould be divided by 38 to give a base hourly rate.This protocol should apply to all ‘Salaried’ staff who are on-call (including those in OOHC,Disability and other parts of the organisation).Senior Management – that being roles of Operations Managers may be exempt – throughtheir original contracts of employment and further discussions with members in these roles isrequired before making representations and forming a view on their behalf. Whereoperations managers are required to participate in this roster system the protocol shouldapply.Workers who are described by LWB as ‘Award’ workers – should continue to be reimbursed(and afforded the conditions relating to on-call) in accordance with the Award at aminimum.Employees are able to negotiate conditions specific to their circumstance however theseshould not undercut Award (or minimum NES) provisions.

Part time workers who volunteer to be on-call should be on-call in a pro-rata way. E.g. 4days a week = equal the same 4 days a week on call.Where there are issues with this arrangement and any shortfall in the provision of On-Callservices we will enter into discussions to resolve the concerns.This document forms the position of members and may be put to management as aproposal, if endorsed. Management may not agree with our proposal – however we will seektheir response.Additional Ideas and suggestions about On-call from Member Meetings:Endorsed by the Membership at:Date:Delegate:Number For:Number Against:

Director, Human ResourcesLife Without BarriersBy EmailNovember 30, 2012Without PrejudiceDear Bruce,Re: On Call in Out of Home CareMembers at the following workplaces have discussed On-Call and asked that we share concernsand possible solutions with LWB Management:1. Rockdale2. Central Coast3. Maitland4. Newcastle5. Coffs Harbour6. Seven HillsThe issue has been discussed in our Delegate teleconferences and is supported by themembership broadly – including those that are not directly affected.Concerns:1. Workers have been advised that being ‘on-call’ is now being expressed as a requirementof the role.2. Workers are concerned that the employer in fact expects that workers are available for‘call-back’ to work – rather than simply being on-call.3. Workers have advised that they are not paid should they have to return to work while oncall.4. Workers have informed us of a variety of practises are in place in the instance whereworkers are required to return to work while ‘on-call’. This includes workers getting notime in lieu, time in lieu at ½ time and hour for hour time in lieu.5. Workers have advised us of some serious Work Health and Safety issues related to thissystem.

6. As previously discussed with you part time workers have expressed concerns about beingtold they are required on the roster fulltime.Solutions and suggestionsASU members understand the need to have an on-call system in place to respond to and dealwith emergencies. We suggest the following practices be put into place to meet the concerns ofthe workforce and the needs of the clients, community and organisation.Members propose the following be considered and discussed to resolve the current concerns:1. The ‘on-call’ system be entirely voluntary.2. The ‘on-call’ allowance be paid – as intended for workers to be available on the ‘phoneand to compensate for the time on the ‘phone.3. If workers are required to attend work (regardless of the location – e.g. attending aplacement breakdown, hospital, police etc.) they are to be paid at overtime (1.5 x baserate for the first two hours and double time there after) for the time they are required toleave their home.4. Should workers be required to work to such an extent that attending work the next daymay result in a WH and S risk or be of risk in relation to duty of care then the employer isresponsible for minimising such risks and discussing reasonable solutions with theeffected employee.5. Should these measures result in a short fall in our capacity to respond to emergenciesmembers are happy to enter into further discussions about other ways to resolve thisissue.Members are most concerned that we have a safe and sustainable work practices as well aspractises that provide the very best care and support to our clients and communities.We look forward to LWB’s written response to our ideas and we look forward to working withmanagement to find an outcome that works for workers, our clients, community and theorganisation – If you’d like to discuss this please speak with Emily Mayo, in the first instance.Kind regards,Emily MayoLeading OrganiserAustralian Services Union NSW and ACT (Services) Branchphone (02) 9310 4000 fax (02) 9698 8936emily@asu.org.auOn Behalf of Delegates - Mark Montgomery, Rikki Taylor, Renne De Gois, Cheryl Cairns, BrentenJames, Paul Larden, Samantha Bergen and all LWB Delegates.AUSTRALIAN SERVICES UNION NSW & ACT (SERVICES) BRANCHT 02 9310 4000 F 02 9698 8936 Outside Sydney Area 1300 784 278

Emily MayoFrom:Sent:To:Subject:Bruce Mulligan Tuesday, 29 January 2013 8:48 AMEmily MayoRE: On-Call - Concerns and possible solutionsHi Emily.In the context of LWB operations, as you know, many of our services are a 24 /7 service and as such need to call onrostered employees with expertise to support these services outside of “normal “ hours. Current arrangements tomanage this have been implemented at a local level, and are in most cases, operated consistent to yourcorrespondence. We would hope to continue to allow employees and management to work together locally tosupport our clients this way.In many of our operations, On Call rostering is managed by way of employees volunteering to be rostered for on call.In most circumstances this has achieved effective management of this issue in local areas, and the responsibilityshared between employees and ops managers in some regions.We will use the volunteer suggestion, however where this is not able to operate effectively, we may need to rosterpeople to on call, however will take into account personal circumstances that may limit employees in doing so.Inthese cases, this will be implemented through discussions with employees at a local level.Information from operating areas would suggest the requirement to attend work to deal with issues while on theroster has not been significant. We do agree that where time is spent while on call dealing with issues, the employeeand manager ensure the employee is able to work safely and effectively. Arrangements at a local level to ensure thiswill continue to be put in place.Where an employee is required to return to work to deal with an issue, an employee is able to take time in lieu. Thiswill remain however we will implement a payment system if the employee wishes to receive payment. The paymentwill meet minimum award requirements.I hope this helps with this and happy to discuss further .BruceFrom: Emily Mayo [mailto:emily@asu.org.au]Sent: Friday, 30 November 2012 11:54 AMTo: Bruce MulliganSubject: On-Call - Concerns and possible solutionsDear Bruce,Please find attached a letter about on-call and associated issues.Please let me know if you’d like me to speak with someone other than you about this.We look forward to talking with LWB about this issue and finding a mutually suitable outcome.Thanks,Emily MayoLeading Organiser1

Australian Services Union NSW and ACT (Services) Branchphone (02) 9310 4000 fax (02) 9698 8936emily@asu.org.au www.asumembers.org.auNot a member? Join today.This e-mail and any files transmitted with it are privileged and confidential information intended for the use of the addressee. Theconfidentiality and/or privilege in this e-mail is not waived, lost or destroyed if it has been transmitted to you in error. If you havereceived this e-mail in error you must a) not disseminate, copy or take any action in reliance of it; b) please notify the ASUimmediately by return e-mail to the sender; and c) please delete the original e-mail.The information contained in this e‐mail communication and any attachments may be privileged and confidential. You should only read, disclose, retransmit,copy, distribute, act in reliance on or commercialise the information if you are authorised to do so. If you are not the intended recipient of thismail communication you are hereby notified that any use, dissemination, distribution or reproduction of this message is prohibited. Please immediately notifythe sender by e‐mail and then destroy any electronic or paper copy of this message and any attachments. Any views expressed in this e‐mailcommunication are those of the individual sender, except where the sender specifically states them to be the views of LWB. We have taken precautions tominimise the risk of transmitting software viruses, but we advise you to carry out your own virus checks on this e‐mail and any attachments contained withinit. We cannot accept liability for any loss or damage caused by software viruses.e‐Life Without Barriers ABN 15 101 252 171.2

FREE JOURNEYINSURANCE FORASU MEMBERSWe’ve always been with you at work and now we are with you on yourjourney to and from work.Barry O’Farrell has taken away workers compensation coverage for your travel toand from work. Your union has taken out insurance for all financial ASU members- at no extra cost to you, the cost is included in your membership fees.Financial members of the ASU NSW & ACT (Services) Branch are nowcovered for journey protection insurance*. This cover means you continueto receive income if you are incapacitated as a result of an accidentexperienced when travelling to and from work.And unlike other schemes, you do not need to exhaust your sick leaveentitlements before accessing our journey insurance – after 14 days, ourinsurance will kick in to cover you for income lost for up to two years.ASU membership means that your journeyto and from work is covered - just one morereason to be a member.Join here: www.asumembers.org.au/joinFor more details visitwww.asumembers.org.au*conditions apply

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