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.