Staff Memo 17-08-23

PENALTIES AND RATES

We are double checking all rates and formulas with our HR outsource, Quartz Consulting.  The two items listed below have been checked.

Broken or Split Shift Allowance (Currently $2.90) Guide

There is some confusion about when you can claim this allowance.

A broken or split shift is:

·      Working a shift — Having a break of more than one hour and less than six — Taking up another shift.

The location of the shifts or clients involved have no bearing.  It is the pattern of the shifts that determines the allowance.

A broken or split shift is not:

·      Working a shift — Travelling directly to another shift — Taking up that shift.

·      An unpaid lunch break

Broken or split shifts:

·      Can only occur between 6.00 am and 10 00 pm

·      Can only attract overtime if they fit the award description of overtime

It is the responsibility of the employee to claim the allowance if they think they are eligible for it.  Time sheet processors will check the eligibility.

 Overtime Payment Guide

There is some confusion about when overtime applies:

The following points are how overtime, in accordance with the Multi-Enterprise Agreement, should be viewed and paid:

·      NWSS has determined that the maximum shift length is 8 hours unless negotiated otherwise.  Longer shift hours can be negotiated

It must be noted that the MEA does not address shift length and drawing the line at 8 hours is a NWSS provision in the interests of Workplace, Health and Safety.

·      Roster Coordinators will avoid, as much as possible, creating any shifts beyond 8 hours

·      All Support Workers will have shifts clearly defined by a number of hours

·      If a Support Worker is asked to do extra hours beyond the hours in their shift they can:

o   Accept them at their shift rate at the time.  If the extra hours take them beyond 8, they will get the overtime rate for the hours beyond 8

o   Decline the hours and leave it to the Roster Coordinator to cover the hours in other ways

·      The rate for the extra hours beyond 8 will be calculated as follows:

Monday to Friday:

o   The first two hours of overtime are at time and a half

o   After the first two hours it is double time

Saturdays and Sundays

o   It is the normal rate only

There are formulas that are applied to the base rate that the Payroll Person uses to reach the penalty rate.

 CPI Increase

When a service has been paying over award rates either intentionally or by mistake the CPI increase is a good time to adjust to the correct rate.  The CPI increase can absorb the overpayment without reducing anyone’s pay.

We have identified that the calculations for penalties and casual loadings have been incorrectly applied and casuals have been receiving an over award payment hence, the Saturday and Sunday rates have not changed from July 2023 to absorb the overpayment.

This has now been double checked and we can assure everyone that the formula and calculations are now right.

Please contact me with any queries.

Neal

Neal Rodwell — General Manager — North West Support Services — 0418 140 000