CESU cyclic rostering – April 2019 (PDF version)

As members would be aware, the POVB Executive has been in consultation with CESU in regards to the implementation of cyclic rostering in court locations.

Throughout this process we have been working on the business rules for court locations. There has been much conjecture on the formulae for CESU being 209 when centres are now under 195. In discussions with CESU and CSNSW management, they have stated that Correctional Centres funded the implementation of the 195 through the loss of jobs in the benchmarking process. CESU is not being benchmarked and therefore no loss means no 195 formulae.

Due to this, we have attempted to get the best business rules we can in agreement with CESU management. Further on some of the main issues will be discussed.

CESU management has sent an email to all locations stating it requires feedback by Wednesday on the proposed cyclic roster for the court locations. We want to make it clear to all delegates to give feedback and include the State Executive in that feedback. But by no means is that feedback an agreement. We will assist each location with any issues that they may have with their proposed cyclic roster.

In previous meetings it was agreed that there would be a tour of all locations with a State Executive member present. This was to alleviate any misinformation and ensure that all communication was consistent. We have been informed that meetings are taking place without the State Executive present, so we will be formally writing to Mr Wilson to have an agreed scheduled meeting process for consistency. This letter is being sent as part of the dispute resolution process. Should we need to lodge this matter in the court, we need to prove that we have corresponded with CSNSW CESU management regarding our concerns. If this does not happen we will lodge the matter in the Industrial Relations Commission.

The business rules for CESU are heavily reliant on the use of casuals to give staff flexibility in the rosters. Due to this we investigated the use of casuals and were able to prove that casuals have not been used as per the award conditions.

Casuals are to be paid overtime after a nine-hour shift and if a casual works more than 38 hours in a week they are to be paid overtime. We have proved that casuals are only getting paid normal hourly pay. We will be working with CSNSW for any casual who was underpaid to be paid as per the award conditions. We are currently in the process of formalising this process and asking CSNSW to put out communication to this effect. We will be doing so in a letter to CSNSW requesting that they go back six years, as is the statutory limit. More information on this matter will come as we get it.

Due to the above discussions we have got an agreement that if there is no casual under the 38 hours available to work, then the backfill component will be provided by staff on days off, paid at the overtime rate which is cheaper than the casual rate of overtime.

Some members have stated that the staffing in some court locations is not adequate. We have raised this with CESU management, especially the one-out court locations on a B watch. CESU has stated it is prepared to look at that and we will continue to address this issue outside of the cyclic rostering discussions. This is due to the fact that it is not a quick-fix solution, it is a process that needs time to get it right for the longevity of CESU. Rather than look at individual locations, the process should be done collectively.

The main points that we have been able to get in the business rules are as follows:

• Leave will be honoured under if the leave is under the 10 per cent, even if you are on a C or B watch. Staff must attempt in the first instance to swap the shift. However, if you cannot get anyone to swap it will still be honoured. This is the same in centres.
• Staff can swap with themselves – this is the same in centres.
• SCOs can swap with CO who are recognised as being able to act up. SCOs cannot swap lines with COs however they can swap shifts or days off – this is the same in centres.
• Staff can swap with themselves – this is the same in centres.
• Casuals cannot be used outside of award conditions.

In the business rules it states everything is up to managerial prerogative and with the needs of the location. This is in the business rules for correctional centres. We have continuously raised with managers, in correctional centres, the application of the business rules and this terminology and have been successful when doing so. We will do the same when introduced in CESU.

Again all feedback provided to CESU management needs to come to us also. If you have any questions you would like to ask us, please do not hesitate in contacting one of the State Executive.

Once we have the proposed meeting dates for your locations, we will liaise with you on who is attending from the POVB Executive.

Contact Details:

Nicole Jess – Chairperson
0427 609 199

Jason Charlton – Vice Chairperson
0401 500 976

Thor Sutherland – Country Chairperson
0447 633 476

Raylene Thompson – Secretary
0430-110-239

Natalie Howes – Secretary
0407 011 441

Darren King – Assistant Secretary
0407 935 039

David McCauley – POVB Industrial Officer
0419 022 767

David Bartle – POVB Industrial Officer
0418 425 976