An issue has been raised regarding mandatory training being undertaken in your personal time and not getting paid. The Health Services Union understands that some facility managers have stated online mandatory training is not paid- which is not true.
Under the Fair Work Act 2009, an employer needs to pay employees for all the hours they work, including meetings or training. This covers any “day start” or morning briefings, as well as any other after-hours training sessions.
This is confirmed in your Thompson Enterprise Agreement. Please find below an extract:
49. Training and Education:
(a) An employer may make in-service training available to all employees to assist those employees to maintain professional registration or endorsement and skill development.
(b) Each employer shall provide a minimum of 12 hours of in-service training per annum to Nursing Assistants.
(c) Each employee shall provide to their employer details of their attendance at in-service training and the employer shall keep a record of this attendance.
(d) An employer will provide to an employee, who is employed in a nurse classification, on the termination of their employment, a written statement of the hours of in-service training attended by the employee.
(e) Where practicable, such training shall be provided to employees during the normal rostered hours of work. Where it is not practicable to provide such training during the normal rostered hours of work then:
(i) Employees shall attend in-service training outside their normal rostered working hours when required to do so by the employer. (ii) An employer shall provide employees with two weeks’ notice of the requirement to attend training outside of their normal rostered working hours. (iii) Notwithstanding Clause 37 Overtime, attendance at such training shall be paid at ordinary rates. (iv) Attendance at such in-service training outside the normal rostered working time of an employee shall not affect the ordinary rate paid to the employee during normal rostered working time. (f) The employer will review all requests for external training on a case by case basis having regard to the operational needs of the business.
All employees who attend mandatory training are entitled to get paid.
If you haven’t been paid and need assistance contact your organiser Anuradha.firstname.lastname@example.org with:
the details of the training module
the date and time of such training
a copy of management’s request to complete this mandatory training
If you know someone at your workplace who is not a HSU member, please encourage them to join. Only HSU Members will get representation. New members can contact me via email or can join online at www.hsu.asn.au/join or call on 1300 478 679.