It has come to our attention that the regular roster has been published with only a few days of notice at St Joseph’s Aged Care Kensington. Members also shared their concerns that a hard copy of the new roster is displayed in the computer room but no online publication is available, making it difficult for some staff to access the new roster in time.
Your HSU Organiser Hyojung Kim approached local management and obtained their written confirmation on the following:
A fortnight roster will be published with 2 weeks’ notice. Please note that the roster notice period is specified in cl. 15.1 (b) in your Enterprise Agreement that a “roster shall be displayed two weeks to the commencing date of the first working period”. A roster “may be altered” in case of emergency or unexpected staff absence according to cl. 15.2 (a) of the Agreement; however, this does not override the provision in the Agreement specifying the minimum notice period of two weeks for regular roster.
Any changes to individual workers’ rosters will be made after discussion and consent. Any changes will be made with mutual agreement between your employer and you as stated in cl. 15.2 (a) (iii). Most Award and Agreements have this roster notice provisions to minimise any potential negative impact on workers as a result of roster change, and NES also specifies the workers’ right to consultation in case of ‘roster change’ that employers ‘consider the views of employees’ about the impact of the change. The impact can be but not limited to family duties, personal commitment, and health related matters.
A roster notice method can be discussed with workers on request. Following this confirmation from your employer, you can now formally request different methods of communicating roster notices and changes. Make sure this item is included in the meeting agenda at the regular staff meeting and what is discussed is recorded in the meeting minutes.
Additionally, the HSU sought clarification on the managerial direction that “all leave requests must be submitted a least two weeks in advance”. Please note that the notice period for leave such as personal/carer’s leave and compassionate leave is not 2 weeks, as specified in cl. 22.10 (a) (i) of your Agreement:
“as soon as reasonably practicable (which may be at a time before or after the leave has started) that the employee is (or will be) absent from his or her employment”
This is a great union win. HSU members worked closely with your local union organiser Hyojung Kim.