Flex-Time – Your Rights at Work! - Public Service Association

Flex-Time – Your Rights at Work!

The PSA has received concerns from members about a lack of access to flex time entitlements as set out in the 2017 Justice Flexible Working Hours Agreement available HERE.

We encourage members to read this Agreement to familiarise themselves with their entitlements.

Amongst other things, members have raised concerns about:

  • being directed to only work seven hours per day;
  • being required to obtain advance written approval for any instance where they are working more or less than seven hours per day;
  • only being allowed to accrue flex time when a supervisor is present;
  • being required to find colleagues to cover their duties while accessing flex leave;
  • having starting and/or finishing times dictated to them by a supervisor separate to operational requirements; and
  • flex time entitlements being suspended due to COVID-19 or working from home

In a recent ruling in the Industrial Relations Commission with regards to Flex Time in NSW Police, it was clear that the Commission took a dim view of attempts to artificially limit access to the entitlement:

“It is not open to individual supervisors to impose additional arbitrary limitations on an employee’s right to accrue flex leave.”

Fleming v Commissioner of Police [2017] NSWIRComm 1023 (paragraph 59)

The PSA is concerned that local managers are developing policy on the run that is not consistent with Corrective Services NSW policy and is not compliant with the 2017 Justice Flexible Working Hours Agreement.

The current pandemic situation should not be used as an excuse by managers to remove one of your core conditions and members should have normal access to flex entitlements during this period.

However, members are reminded that they need to have meaningful work to do when accruing flex time and should be able to justify the work they are undertaking.

Managers are entitled to oversee that appropriately in line with the relevant provisions of the Flexible Working Hours Agreement.

Any member who is denied flex-time should seek written clarification from their manager stating the reasoning and can also provide them a copy of this bulletin and the 2017 Flexible Working Hours Agreement.

If they have concerns about the response, or are unable to obtain a written response, they should contact the PSA.

Your union will continue to fight for and defend the basic conditions and entitlements of members in Corrective Services NSW.

What can you do?

  • Not a member? Get involved by signing up!
  • Give a copy of this bulletin to your colleagues or put it on a noticeboard.
  • Ask a colleague to join the PSA.
  • Get involved by becoming a local union delegate or contact.

Your PSA Industrial Staff

Roland Harris – Industrial Officer

Leonie Wright – Organiser

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