Rostered leave days on public holidays dispute
Over the last few months, the PSA has been in dispute with the NSW Police Force (NSWPF) regarding the long-standing practice of not affording any compensation to rostered employees where their Recurrent Leave Day (RLD) falls on a public holiday. For years, members have raised this issue with the PSA, with the internal rostering guidelines strictly prohibiting roster manipulation that may have benefited employees including in situations where their RLD falls on a public holiday.
This matter was rapidly moving towards an arbitrated hearing in the Industrial Relations Commission. However, we have recently come to an in-principle agreement with the NSWPF that we are happy to present to the membership for ballot. Summarised details of this settlement are as follows:
- The NSWPF will apply clause 89.6.2 of the Crown Employees (NSW Police Force Administrative Officers and Temporary Employees) Award 2009 to any RLDs which fall on a Public Holiday. Clause 89.6.2 provides:
89.6.2 A shift worker rostered off duty on a Public Holiday may elect to be paid one day’s pay for that public holiday or to have one day added to his/her annual holidays for each such day;
- The NSWPF will undertake a review of all administrative shiftworkers and apply the above clause to any RLDs which fell within the six-year claim period. Being 28 February 2019 to 28 February 2025.
- The NSWPF will backpay any employees that point 2 applies to over the identified 6-year period. The parties will engage in further discussions regarding the process to affect this backpay.
- The PSA agrees that clause 89.6.2 of the Award does not apply to an employee rostered on a free of work day.
- The PSA agrees that a “days pay” and “one day” in respect of Clause 89.6.2 is either 7 hours (for 35 hour per week employees) or 7.6 hours (for 38 hour per week employees).
- The PSA agrees that the revised Flexible Rostering Guidelines for Administrative Employees (Attachment A document found HERE) reflect the agreed position between the parties in the form of a local arrangement as set out in clause 12 of the Crown Employees (NSW Police Force Administrative Officers and Temporary Employees) Award 2009
The PSA endorses this offer of settlement for these proceedings. The only item that we foresee as being a discussion point for our membership is point No. 4. – where we are agreeing that if a public holiday falls on a free of workday, there is no claim. Those on rosters would be aware of free workdays and where they are present on a roster.
The PSA, is and always will be a democratic union, therefore it has been decided to put this offer to members. Members can have their say by using the following link HERE.
