SAS Staff say no to upaid work

SAS Staff say no to unpaid work – September 2016 (PDF version)

Help the PSA to help you

Say No to Unpaid training and work over the vacation period

SAS Staff members in some LMBR schools reported to the PSA that they had received emails “celebrating” the establishment of  LMBR training environments and their availability over the school vacation period. The implication being that SAS Staff should go online in their own time to get ready for Term 4 LMBR.

This is not correct and SAS Staff should not go online in the school vacation period.

The PSA has contacted the Department of Education (DoE) and been advised that “there is no LMBR training occurring for SAS staff during the upcoming school vacation”.

The LMBR training (practice) environments for schools should only be used when SAS Staff are on duty during School Term.

The PSA reminds members that “training” is also considered to be “working”. This means, you should only undertake the training when you will be appropriately paid to do so.

This includes during school vacations if directed or required.

However, the DoE has advised that SAS Staff are not required to do the training. They have stated that “Schools in Groups 1 to 3 who are now live on SAP, SALM and Synergy were emailed about these practice environments …  The Department does not require SAS staff to access these training environments during the upcoming school vacation.”

The PSA encourages all members to:

• Not work unpaid overtime/additional hours

• Work strictly to your ‘Statement of Duties’

The situation of work overload, working beyond ‘Statement of Duties’ and working without pay outside working hours had developed because the Department has exploited the goodwill and commitment staff has shown toward students and the school community. If this situation continues then there is no impetus on the Department to recompense employees.

If you are in LMBR schools, and you are asked to undertake training during school vacation, explain to your Principal that you can only do so with the appropriate payments. Ask your Principal:

• Am I getting paid for the training?

• How will I be paid for the training?

• Provide in writing you are required to do LMBR training during the vacation.

Pay Equity update

As reported at the start of Term 3, the PSA had gathered templates completed by PSA members and submitted these to external lawyers for their review. The templates were designed to capture the different ways in which the work of SAS Staff has changed over time in relation to the relevant statement of duties.

The completed templates was then used by the lawyers to develop a statistical analysis of the information provided.

The lawyers have advised us that the information collected from the templates will provide significant assistance in determining specific questions to put to witnesses and the areas to focus on when taking witness statements from members.

The lawyers will now move to brief Counsel with:

1. analysis of the information provided by SAS Staff PSA members in the templates
2. supporting documentation provided by PSA
3. analysis of potential expert evidence including in relation to a potential male comparator
4. Historic information as to the setting of rates for the relevant groups
5. Current rates of pay

Progress on this matter

The PSA’s progress on this matter is guided by our lawyers and industrial experts. PSA will ensure that our pay equity claim for SAS Staff  is carefully put together by the right qualified professionals for the task. While it may seem obvious to all of us why SAS Staff deserve higher pay, there are a number of legal benchmarks we need to meet as well as complex legal hurdles to overcome. For example, for the pay equity case to succeed the PSA needs to demonstrate that the low rates of pay for SAS Staff arise from an historical undervaluation of the work which occurred because SAS Staff are primarily female. To do this, we need to identify a male comparator group. This is a male-dominated workforce in a field of work which requires skills, knowledge and education similar to that required in the SAS Staff workforce.

The historical research has also been completed as has an explanatory  document for the lawyers which explains how you are paid.

While it is tempting to want to rush something which may deliver sound pay rises, the PSA is determined to position this matter for success. Remember the PSA’s Pay Equity case for Librarians, Library Technicians and Archivists took over 7 years at a time when our operating framework was relatively supportive of such claims. In addition, the NSW Industrial Relations Commission had already determined that a case should be run for that group & identified the appropriate male comparator.

Holidays are for rest, recovery and recreation.

The union wishes all the hard working and dedicated PSA members in schools a safe, happy and relaxing vacation.

DO NOT DO LMBR TRAINING DURING THE SCHOOL VACATION WITHOUT PAY!