The PSA is aware that a number of members across Legal Aid have been told they cannot work outside the hours of 9 to 5 without permission. This not the case and such advice is contrary to purpose of flexible working hours guidelines. Except under special circumstances, under the flexible working hours agreement, you cannot be directed to work only between 9 to 5. Provided there is work for you to complete, you are entitled to remain at work for the full duration of your bandwidth.
The Legal Aid flexible working hours agreement provides the following:
i. Bandwidth is the period during the day when all officers may record time worked, as provided in this Agreement.
ii. The maximum bandwidth shall be 12 1/2 hours, the earliest starting time being 7.00 am and the latest finishing time being 7.30 pm.
iii. Time shall not be credited to an officer for attendance outside the bandwidth.
Further clause 21 Crown Employees (Conditions of Employment) Award 2009 clearly outlines your right to flexible working hours.
21.1 – The parties to this award are committed to fostering flexible work practices with the intention of providing greater flexibility in dealing with workloads, work deadlines and the balance between work and family life. All parties are committed to managing time worked to prevent any forfeiture of credit hours accumulated under a Flexible Working Hours arrangement.
Other aspects of the agreement to note are:
- Part-time staff are entitled to work flexible hours
- Members and supervisors should monitor hours worked to ensure staff don’t work too many hours and forfeit any excess credit hours. Members should also ensure they don’t have too great a negative balance and have to take other leave to make up the difference
- Working hours can be subject to a guarantee of service – for example members working on a counter can be rostered to start and 9am or finish at 5pm.
Your flexible working hours agreement is available on the Legal Aid intranet.
If you are having trouble in regard to accessing any of the flexible working hours’ conditions, you are encouraged to contact PSA delegates or PSA staff.
Your PSA staff
Monika Wunderlin – Industrial Officer
Kirra Jackson – Organiser
What can you do?
- Ask a work colleague join the PSA today
- Distribute this bulletin to colleagues
- Attend PSA meetings at your worksite
- Get involved become a PSA Delegate
Not a member? Join online – https://membership.psa.asn.au/register