30 January 2012

On 10th January 2012 I held an off-site meeting with SRS day shift Union delegates ANTONY MORRIS and SHAHIM MATHAIZ.

They informed me that the afternoon shift has recently elected HARPREET SINGH as the afternoon shift delegate.

AMIEU delegates are elected to assist AMIEU members in the workplace, to help quickly solve problems arising in the course of your working day. We urge all members to give their full support to their work delegates and to encourage all workers to join the Union.  With strength in numbers we can work together to improve your pay and conditions at SRS.

Members have advised me that a supervisor has been asking personal questions of workers who call in sick.  I have asked the Company to put a stop to this questioning.  You are only obliged to inform the Company that you cannot work because you are sick or injured.  You do not have to give any details of your illness or injury.

I have asked the Company to post workers’ start times and finishing times on the notice board, as there appears to be some confusion in relation to them. 

I have also requested a meeting with Paul Simmons and the Union delegates to review the SRS pay structure and I will keep you informed as to progress.

I am told that workers at SRS are being forced to work overtime.  Under the Workplace Relations Act you are only obliged to work a reasonable amount of overtime according to your circumstances, and you may refuse to work additional hours if they are unreasonable.  Some workers may choose to work 20 hours overtime every week if it is available, while others have family commitments or personal circumstances that do not permit them to work overtime at all.  (See the legislation on the reverse of this newsletter).

Organiser AMIEU Vic Branch
0417 593410

Fair Work Act 2009
Part 2-2 - The National Employment Standards

Division 3—Maximum weekly hours
62 Maximum weekly hours

Maximum weekly hours of work
(1) An employer must not request or require an employee to work more than the following number of hours in a week unless the additional hours are reasonable:
  (a) for a full-time employee—38 hours; or
  (b) for an employee who is not a full-time employee—the lesser of:
      (i) 38 hours; and
      (ii) the employee’s ordinary hours of work in a week.

Employee may refuse to work unreasonable additional hours
(2) The employee may refuse to work additional hours (beyond those referred to in paragraph (1)(a) or (b)) if they are unreasonable.

Determining whether additional hours are reasonable
(3) In determining whether additional hours are reasonable or unreasonable for the purposes of subsections (1) and (2), the following must be taken into account:
(a) any risk to employee health and safety from working the additional hours;
(b) the employee’s personal circumstances, including family responsibilities;
(c) the needs of the workplace or enterprise in which the employee is employed;
(d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;
(e) any notice given by the employer of any request or requirement to work the additional hours;
(f) any notice given by the employee of his or her intention to refuse to work the additional hours;
(g) the usual patterns of work in the industry, or the part of an industry, in which the employee works;
(h) the nature of the employee’s role, and the employee’s level of responsibility;
(i) whether the additional hours are in accordance with averaging terms included under section 63 in a modern award or enterprise agreement that applies to the employee, or with an averaging arrangement agreed to by the employer and employee under section 64;
(j) any other relevant matter.