The PSA has brought an industrial dispute against the NSW Police Force (NSWPF) in respect of the NSWPF’s failure to permit part-time shift workers in Police Link to elect between a day’s wage or an additional annual leave day when ‘rostered off’ on a public holiday (the Entitlement). The dispute is currently before Commissioner O’Sullivan in the Industrial Relations Commission.
This dispute arose because the NSWPF changed the way it rostered part-time shift workers. Before January 2022, 50 hour per fortnight shift workers were rostered on 10 work days and 4 rest days and 35 hour per fortnight shift workers were rostered on 7 work days, 4 rest days and 3 non-work days. After January 2022, all rest days were replaced with non-work days for part-time shift workers. The NSWPF applies the Entitlement if an employee is rostered on a rest day on a public holiday and does not provide the Entitlement if rostered on a non-work day on a public holiday. As part-time shift workers are no longer rostered on ‘rest days’, they never receive the Entitlement.
The PSA is contending in the dispute that the Entitlement must be applied whenever a shift worker is not required to work on public holiday but was otherwise capable of being rostered on that day (e.g. is not on leave). For example, the Entitlement must be applied if an employee is rostered on a non-work day or on a rest day on a public holiday.
The Offer
The NSWPF has offered to resolve the dispute on the basis that it return to the previous rostering practice for part-time shift workers. This means that 50 hour per fortnight shift workers will be rostered on 10 work days and 4 rest days and 35 hour per fortnight shift workers will be rostered on 7 work days, 4 rest days and 3 non-work days. If a rest day falls on a public holiday, the Entitlement will be applied. If a non-work day falls on a public holiday, the Entitlement will not be applied.
If the PSA does not accept the offer, the matter will proceed to hearing and the offer will be withdrawn. There are various possible outcomes in the hearing. The two most likely outcomes are:
(1) The IRC recommends that shift workers who are rostered off on a public holiday, including if rostered off on a rest day or non-work day, are entitled to the Entitlement.
(2) The IRC dismisses the dispute, thereby permitting the NSWPF’s current practice of not applying the Entitlement to part-time shift workers who are rostered on non-work days on public holidays.
While the PSA is confident it will obtain the first outcome, it will be in the form of a non-binding recommendation – in other words, the NSWPF is not obligated to comply.
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