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色狼社区win on PoliceLink rosters dispute

色狼社区win on PoliceLink rosters dispute

The 色狼社区has resolved an industrial dispute before the Industrial Relations Commission (IRC) against the NSW Police Force (NSWPF).

Issue

The dispute concerned whether part-time shift workers who perform duty in Police Link call centres are entitled to the benefits in clause 89.6.2 of the Crown Employees (NSW Police Force Administrative Officers and Temporary Employees) Award 2009 when rostered on a 鈥渘on-work day鈥 on a public holiday.

Clause 89.6.2 provides:

A shift worker rostered off duty on a Public Holiday may elect to be paid one day鈥檚 pay for that Public Holiday or to have one day added to his/her annual holidays for each such day.

Background

Up until 2022, full-time and part-time shift workers in Police Link were rostered fortnightly on four rest days, a certain amount of work days in accordance with their employment contracts and 鈥榥on-work days鈥 on any remaining days.

If a 鈥榬est day鈥 fell on a public holiday, the above entitlement would be applied.

If a 鈥榥on-work day鈥 fell on a public holiday, the entitlement was not applied.

In January 2022, the NSWPF replaced 鈥榬est days鈥 with non-work days in respect of part-time shift workers. Full-time employees continued to be rostered on four rest days.

With the substitution of rest days with non-work days, and as the NSWPF only applies the entitlement to employees rostered on 鈥榬est days鈥, part-time shift workers were deprived of the entitlement.

Dispute proceedings

In the dispute, the 色狼社区sought recommendations that the entitlement applies on all public holidays an employee is not required to work according to their roster but is otherwise capable of being rostered on.

Offer

In February 2024, following receipt of the PSA鈥檚 evidence and submissions, the NSWPF offered to resolve the dispute on the basis that it retrospectively reintroduce four rest days into the fortnightly rosters of part-time shift workers backdated to January 2022.

In other words, that it retrospectively reverts to its previous rostering practices pre-January 2022 and backpay employees.

On 10 April 2024, PoliceLink members voted in favour of the offer.

Following further correspondence between the 色狼社区and the NSWPF which clarified the effect of the offer, the offer was accepted in early May.

Next steps

As we wait for back pay to be provided to members, we thank the efforts and assistance of members in this dispute, along with the dedicated 色狼社区Legal Services team for securing an important win for protecting members pay and conditions.

Should you wish to discuss further, or require assistance in relation to this, please reach out to the Member Support Centre.

色狼社区industrial staff

Marko Petrovic Organiser
Ben James聽Industrial Officer

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