Visionstream concedes union position on overtime pay and rest relief provisions: remediation talks underway
Your Union has been raising this issue with Visionstream management and seeking the correct application of the EBA provisions.
The issue arises where an employee performs a number of hours of overtime after the conclusion of ordinary hours of duty, such that if they were to start work at their normal start time the following day, they would not have had a sufficient rest period of 10 hours between shifts.
In this scenario Visionstream has been directing these employees to commence their duties later in the day, to allow them to have their requisite period of rest, but then require then to stay back after their would-be finish time to make up for the hours missed at the beginning of shift. The issue has also arisen where members are required at short-notice to work a span of hours different to their ordinary start and finish times.
The practice to date by Visionstream has been to pay employees at an overtime rate for the hours worked at night, allowing them to rest during the day, but not paying them for the hours they would ordinarily work, sometimes referred to as ‘stand down pay’.
Visionstream insisted that this practice is in compliance with the provision of clause 27.6 of the Agreement, which provides for rest relief without loss of pay. Visionstream argues that employees were not losing pay as a result of the rest period because they were being rostered on extra hours to make up the hours they “lost” as a result of the rest period.
The Union has consistently argued, that the company was in fact, breaching the EBA by failing to pay employees for all ordinary hours of work, including those not worked as a result of a required rest relief.
The Union’s claim is that any extra hours worked to “make up for those lost” as a result of rest relief are actually hours of overtime, not ordinary hours.
In a meeting held this week, Visionstream have recognised that their application of these provisions was incorrect and conceded that Union’s position is correct. The company is now making necessary changes internally to ensure compliance, moving forward.
Discussions with management with regard to ensuring remediation for those employees affected will now begin.
If you believe you have been affected by this incorrect application of your entitlements, you should contact your local State Branch Official for further assistance.
