Employers are attempting to make it lawful for community and disability support workers to be at work for up to 28 hours without overtime pay – a move the Australian Services Union has condemned as reckless, arrogant and unjust.
The Fair Work Commission will this week (Nov 4-6) hear a case brought by Australian Industry Group (Ai Group), which seeks to make sleepovers at workplaces classified as ‘breaks’ between shifts, rather than as part of a continuous shift with the ordinary hours worked before and/or after.
A sleepover is when a worker sleeps at the same location as their client for eight hours but is required to provide care if needed.
The employers want the changes applied retrospectively.
The ASU, CPSU, AWU, HSU and UWU are jointly fighting the application.
The ASU and workers will hold a press conference on Monday November 4 at 9.30am, Fair Work Commission Terrace Tower, 80 William Street, East Sydney.
ASU NSW & ACT secretary Angus McFarland said: “The business lobby is hellbent on making sleepover shifts a nightmare for community and disability support workers.
“It’s outrageous that employers are attempting to drag the pay and conditions of dedicated sleepover care workers backwards. Workers could face a period of 28 hours away from home, without proper rest, breaks, or penalty rates.
“Community and disability support workers who stay overnight at their workplaces receive overtime pay if they work more than 10 hours before or after their sleepover but the big business lobby wants to double the hours required before overtime applies. Effectively, employers want workers to be on shift for more than a whole day for less pay.
“Sleepover shifts are essential to support the members of our community who may need assistance anytime during the night including people with disabilities, victims of domestic violence, and children in out-of-home care.
“Sleepover shifts aren’t ‘breaks.’ Workers are away from their families, confined to their workplace, and struggle to get a restful night’s sleep. They cannot leave freely and are frequently woken up at all hours to support clients in need. It’s fair and reasonable that sleepover shifts are not currently considered a break between rostered periods – big business’ attempt to change this devalues workers and disregards their rights.
“Ai Group is setting a dangerous precedent for worker and client safety. Doubling a worker’s hours without decent remuneration and a real restful break is not only deeply unfair, it’s negligent. Workers are already feeling burnt out and fatigued nevermind when they have to work longer hours for less pay.
“This will jeopardise the safety, wellbeing and quality of care provided to clients. A fatigued, overworked workforce is more likely to make mistakes and not be fully present for the people who rely on their full attention and care.
“The sector already experiences a high turnover of staff and changes to deteriorate pay and conditions will only exacerbate it. An attempt to extend hours in the name of continuity of care for clients means nothing if more staff leave the sector as a result.
“Ai Group’s attempt to have their backward rules applied retrospectively is arrogant and self-serving that could lead to employers seeking to recover payments from employees.
“Big business needs to wake up and withdraw their attack on our award. Sleepover shifts need to be fixed, not taken backwards.”
