Public Holiday Shifts for Disability Staff employed under the Crown Employees Ageing, Disability and Homecare – Department of Human Services NSW (Community Living Award) 2010 - Public Service Association

Public Holiday Shifts for Disability Staff employed under the Crown Employees Ageing, Disability and Homecare – Department of Human Services NSW (Community Living Award) 2010

Public Holiday Shifts for Disability Staff employed under the Crown Employees Ageing, Disability and Homecare – Department of Human Services NSW (Community Living Award) 2010 – November 2017 (PDF version)

The PSA recently sent a bulletin (15 September 2017) to members covered under the above award, as there may be discrepancies in members’ pay if they had worked a public holiday shift.

The PSA became aware of this after a number of members raised it as an issue.

As there was an upcoming public holiday on Monday 2 October 2017 (Labour Day), the PSA urged all members to check they had been paid in accordance to the award.

It has since been bought to the attention of the PSA that a number of members were not paid correctly if they worked on that day.

If you worked the night shift on Monday 2 October 2017 or any previous night shifts on a public holiday, the PSA urges you to contact FACS and request a review of ALL public holidays where you have worked a night shift for the past SIX years as per Clause 24 Arrears of Income, of the Limitations Act 1969 No31.

When contacting FACS please refer to Clause 14 (1) General (v) (vi) (vii) of the Community Living Award 2010 as set out below:

  1. Public Holidays

(v) Staff members who are rostered off duty on a public holiday shall:

  1. be paid one day’s pay in addition to the weekly rate or, if the officer so elects,
  2. have one day added to their period of recreation leave.

(vi) Where a staff member is rostered for a shift that crosses midnight on a public holiday, and the total rostered hours on the public holiday are less than the equivalent of a full shift, for the purposes of subclause (v) above, the shift will be deemed to have been worked on the day on which the majority of time was actually worked.

(vii) Where because of the majority of hours falling on a non-public holiday the shift is regarded as a non-public holiday shift, the staff member shall be deemed to have been rostered off duty on the public holiday and shall be paid in accordance with subclause (v).

Whilst FACS has rectified the situation in some cases, there have been instances where they still remain unresolved.

If your particular case still remains unresolved contact the PSA at disabilitycpsunsw@psa.asn.au.

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