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Roster Issues (Read 13184 times)
Reply #12 - 06. Feb 2015 at 13:46

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Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #11 - 08. Nov 2009 at 14:33
Roo   Guest

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Sorry Administrator - my emoticon characters are different to yours!!

Roo..  Wink
 
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Reply #10 - 08. Nov 2009 at 14:30
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Afternoon Administrator Shocked)

Will do - at the very least I will speak to them and see where things stand.  The new roster commences this week, will have to go back through the copies of the roster I've got to determine if its at the start of the rotation but I suspect it is.  I was informed of the possible changes a couple of weeks ago but never officially told when the new roster would commence. I did object to having afternoons removed from my roster, I worked at least 13 afternoons per rotation.  The roster posted for this coming rotation sees me having some afternoon shifts but this is only to cover staff absence.

The agreement that was decided early on between all operators was that shifts couldn't be changed without consultation with affected party(ies). That lasted not very long, and seems to apply to everyone except the Senior and the Super. The senior would change the roster - not part of her duties as my boss has told me - the Super would agree because no effort was required on his part to re-structure the roster and he would implement the changes - end of story. Sad really, because in every other aspect of the CR the boss has been fair and accommodating to all of us.

Will let you know what transpires from here.

Roo..
 
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Reply #9 - 08. Nov 2009 at 11:19

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Roo

The 'Adverse Action' provisions of the Fair Work Act as I understand them extend beyond the Equal Opportunity Legislation in each state.   It appears to me to go beyond the normal discrimation made on race, sex, sexual preference, age, disability, family status, pregnancy and religion and encompasses workplace bullying or workplace discrimination which I think exists in your case.

What I think you are trying to protect is your right to work a roster which was agreed to when you started work with your company.   This roster gave you surety that you would receive a certain amount of pay which included shift allowance and weekend penalties.   It appears you were given the supervisors shift and he given yours because the shift penalties would provide him with extra income but because he would be on a higher classification, this move would be costing the company more for the same output of work.   I take it that you are getting the same amount of weekend shifts in the shift cycle which should not alter the amount you are being paid for weekends.   As the management sees it the longer hours in the shift on the other site makes up for the amount you lost in shift allowance but in essence you have to work the extra hours.

The Federal Award I think you work under is the AP796143CRV - Security Employees (Victoria) Award 1998.   In relation to the alteration of shift it states:

21.2.1 Once a cycle as prescribed in clause 21.1 has been determined by the employer and implemented, it shall not be varied until that cycle has been completed except to meet an emergency due to sickness, or other unexpected and unavoidable cause, or by personal agreement between the employer and employee(s) concerned.

So provided the shift cycle ended, the employer has the right to alter your shift cycle.   You may have a case for complaint under this clause concering the public holiday that you were told would be changed at short notice.

What I understand is that you have been discriminated against in what you saw as the conditions of employment when you first went to work for the company in favour of a another employee which fills one critera of the "Adverse Action' provision of the Fair Work Act.

If you had styled your living routine around working nights and if your renumeration you received for working this shift cycle has changed then I think were discriminated when the boss altered your position to your detriment which fulfills onother criteria.

As a favour to the forum, could you approach Fair Work Australia and make a complaint under the 'Adverse Action' clause of the Fair Work Act and see what their response is.   As this act only became law in July 2009 so some testing of it may provide some information for others in your situation.

Fair Work Australia website: http://www.fairwork.gov.au/Pages/default.aspx
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #8 - 07. Nov 2009 at 14:37

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Good work Roo chin up Smiley
 
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Reply #7 - 06. Nov 2009 at 20:35
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Evening Administrator,

I know the EO legislation very well, I don't have any of the attributes under the Equal Op Act that qualifies as discrimination. The ages are across 30 - 45 in the CR and its 2 female 3 male operators, we're all Aussies so race isn't an issue either.  The roster is - and always has been - an issue since my inclusion on the team (I'm the newest member). I'm also the only one on the team that didn't have a prior connection to the company when I started. The Super's attitude is 'put up and shut up', any attempt by me to negotiate a fairer outcome was immediately broadsided by being a management decision.  Their argument is with the shift at the other site being longer than a standard 8 hour shift, the penalties will financially make up for the loss of the other shifts - therefore they deem financial detriment isn't a concern. I don't know how you would term the discrimination - the senior has bought a house and I haven't. I did have a life before security and after a bit of research have discovered I can make similar money and not work weekends - why would I stay and treated with such disregard?

Roo..

P.S. K9handler - I'm a-lookin!
 
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Reply #6 - 05. Nov 2009 at 11:12

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Roo

I also found this from Freehills Lawyers website.   It appears that a reverse onus of proof applies, so that the employer must disprove the allegations, rather than the employee proving the case.

Adverse action provisions of the FW Act and powers of inspectors

The ‘adverse action’ provisions in the FW Act became effective on 1 July 2009.

These provisions represent an important step in equal opportunity law, by giving employees and unions an avenue to claim discrimination under the Act for any ‘adverse’ employment action—not just actions resulting in the termination of employment. ‘Adverse action’ is defined to include:

•dismissing an employee
•injuring an employee in their employment
•altering the position of the employee to their prejudice, or
•discriminating between the employee and other employees of the employer.

Protected grounds of discrimination include race, sex, sexual preference, age, disability, family status, pregnancy and religion.

In order to succeed in an action for discrimination, all an employee need show is ‘discriminatory treatment’ (an easier test to meet than that imposed by equal opportunity legislation). Further, a reverse onus of proof applies, so that the employer must disprove the allegations, rather than the employee proving the case. Action taken by an employer will be unlawful if it is taken for a reason which includes a prohibited reason—the reason does not need to be the sole or substantial one.

An employee who believes that their employer has taken ‘adverse action’ against them can make an application to Fair Work Australia (FWA) to deal with the dispute or lodge their dispute directly with the Federal Court or Federal Magistrates’ Court. This is not unlike the procedure that exists in state equal opportunity tribunals.

If an employee decides to complain to FWA, FWA can convene a private conference into the dispute, but only if both parties agree to participate. If a private conference occurs and the dispute is not settled, FWA can advise whether the dispute has any reasonable prospects of success. Where FWA does not resolve a complaint, the employee can proceed to the Federal Court or Federal Magistrates’ Court.

One factor which may contribute to an employer agreeing to participate in a voluntary private conference with Fair Work Australia is to reduce the possibility of a costs order in any later federal court proceedings. Under the FW Act, costs may be awarded if a party unreasonably refuses to participate in a matter before FWA.

It is not only employees who can allege breach of the ‘adverse action’ provisions in the federal courts: a union or an inspector of the Fair Work Ombudsman can also apply.

Freehills website:  http://www.freehills.com/5293.aspx  Cheesy
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #5 - 05. Nov 2009 at 10:58

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Roo

Something else to investigate.   From 1 July 2009, most Australian workplaces are governed by a new system created by the Fair Work Act 2009.  If this discrimination occurred after 1 July 2009 then you may have a case under the 'Adverse Action' part of the Act.   If you work in Victoria you are probably covered by this legislation.

The Fair Work Ombudsman can help people who believe
they have been subject to unlawful discrimination in
relation to their employment. The Fair Work Ombudsman
investigates allegations of unlawful workplace
discrimination and may initiate litigation against a national
system employer for contravening the Fair Work Act 2009.

The Fair Work Ombudsman only has powers to investigate
and take action about workplace discriminatory practices
that happened (or continued) after 1 July 2009.
The Fair Work Ombudsman is committed to ensuring that
employees and prospective employees are protected
from unlawful workplace discrimination and any other
adverse actions by an employer.

What is ‘adverse action’?
Adverse action can include action that is unlawful if it is
taken for a discriminatory reason. The Fair Work Act 2009
describes a number of adverse actions.
Adverse action taken by an employer includes doing,
threatening or organising any of the following:
• dismissing an employee
• injuring an employee in their employment
• altering an employee’s position to their detriment
• discriminating between one employee and other
employees

• refusing to employ a prospective employee
• discriminating against a prospective employee on the
terms and conditions in the offer of employment.

This comes from a Fair Work Document:  http://www.fairwork.gov.au/Fact-sheets-tools/Documents/FWO-Fact-sheet-Unlawful-w...

Let the Forum know what you do next and what results you get.
Wink
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #4 - 05. Nov 2009 at 08:28

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Roo

I surmise that you work in Victoria because you mentioned the public holiday on cup day.   I think you may have a case under workplace bullying and under anti discrimation legislation.

This is a website I found which may give you avenues to persue:

http://www.apesma.asn.au/women/articles/workplace_bullying_may_02.asp

 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #3 - 05. Nov 2009 at 00:52
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Administrator,

I'm full time, nothing has ever been signed by me, I've never been formally counselled and while I've made a couple of mistakes no more than the other CROs who have been here longer and with much more experience.  The senior told the boss I've bought a house and can't afford to work any day shifts, so my roster was stripped down to all day shift with the exception of two afternoons in a 4-week rotation.  Add to that I was rostered for Cup Day, only to be told the public holidays were 'shared' around and I subsequently had the day off with only 4 days notice. The senior picked up my day shift at double $$$. I've had no say in any of these changes, and when I tried to talk to the boss I was told he'd agreed to give the senior what was asked for and he wasn't going to change his stance. In one week of the rotation my days off have been split to accomodate my one day a week at a different site in a different role, it was either that or work 8 days straight. I've spoken to JobWatch, and the mob who look after whichever Act covers this industry but didn't gain much that was helpful.  I spoke to someone with EO background and he thought it looked to him like a constructive dismissal, but that requires me to prove they want me to leave rather than the employer prove he isn't pushing me out the door. I love my job but I've honestly got no idea what my roster is one week to the next because it seems subject to change without notice.

Roo..
 
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Reply #2 - 04. Nov 2009 at 16:53

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Roo

What are you employed as ie full time, part time, casual or are you a sub contractor?   Were you given any paperwork when you started which stiplulated what your classification was and any terms of your employment.   Is there any reason why, did you do something wrong, did the contract finish, are you working under some employee collective agreement?
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #1 - 04. Nov 2009 at 16:19

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Yeah tell em to stick up were the sun dont shine and find a new job.
 
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04. Nov 2009 at 13:23
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Have had all my afternoon & night shifts taken off my roster, have been sent to another site in a static role one day a week. I wasn't given a choice - I was told. Any suggestions as to what I can do from here would be appreciated
 
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