005 comp

Southern IML Update: Dodgy Individual Flexibility Arrangements

The HSU has been informed that some members are being asked to sign Individual Flexibility Agreements (IFAs) that waive their right to overtime. These agreements do not appear to satisfy the criteria for IFAs under the Award. The HSU encourages any members who have been asked to sign one to refuse to do so and to contact the union.

IFAs must be made by mutual agreement and they must leave the employee better off than they would have been under the award to be legal. Contrary to Southern IML’s assertion, sacrificing overtime payments with nothing in return does not ‘meet the genuine needs of the individual employee and Southern IML pathology’. It only meets the needs of Southern IML’s profit margins.

Your organiser Roy has written to the company requesting that these IFAs be rescinded as a matter of urgency. The HSU will initiate (another) formal dispute with Southern IML on Tuesday if this has not happened.

You do not need to sign an IFA presented to you by the company and it is illegal for your employer to threaten you with any adverse action for not doing so – for example, by reducing your shifts or not giving you any overtime.

You can find more information about your rights and IFAs by speaking to your HSU Organiser Roy or having a look at the following links:

http://awardviewer.fwo.gov.au/award/show/MA000027#P115_8080 – The Award

https://www.fairwork.gov.au/employee-entitlements/flexibility-in-the-workplace/individual-flexibility-arrangements - Fair Work Commission information on IFAs

Overtime at Southern IML

Your organiser Roy has been fielding a considerable number of queries about entitlements to overtime.

Here are the facts if you are a permanent employee:

  • Overtime is payable if you work over your contracted hours
  • Overtime is payable if you work more than 10 hrs in a single shift
  • Overtime is payable if you work in excess of an average of 38hrs p/week over a four week period

Here are the facts if you are casual:

  • Overtime is payable if your work more than 10hrs in a day
  • Overtime is payable if you work in excess of 38hrs p/week or 76hrs p/fortnight

If you have worked a shift that is eligible for overtime, your timesheet should reflect this.

Questions? Contact your Organiser Roy on 0409 393 295. Encourage your workmates to join the HSU at www.hsu.asn.au/join or call 1300 478 679.