Crib Breaks - Get Your Claims In

18 April 2016

The PSA is reminding members that if your employer does not ensure you get a crib break you should ensure you record this and make a claim for payment.

 

Currently the Department are relying on the goodwill of members. As a consequence they are avoiding their obligations as detailed within the Enterprise Agreement. While we encourage members to read the meal/crib break-clause 21 of the current Enterprise Agreement.

 

Any claim should be made in writing (an email suffices) to your line management and include a summary of all shifts worked where a meal or crib break was not provided, staff need to request that the appropriate penalties are paid. Advise your Worksite Representative that a claim has been made.

 

If intending to make a claim members should consider the following;

 

  • Full duties of supervision in the high risk environment is not viewed as a break (such as supervising young people at meal times).

     

  • However, downtime where you are available to respond if necessary but with reduced duties and no/reduced supervision aspects could be considered a crib break (i.e. having downtime in office, a quiet PM or night shift where able to have a reduced period).

     

  • Do note the time when a 'break occurred' (if at the end of a shift, penalties may be claimed).

     

  • Break periods should be 30 minutes. If an interruption occurs the break period(s) should equate to 30 minutes in total. An interrupted break should be completed at a later time. If not, penalties may be payable.

     

  • Not every moment you are away from residents is part of a crib break. It is time spent having a break (not having a sip of water while moving through units etc).

 

Any unsatisfactory responses/denials of claims should then be reported in writing to your PSA reps who will document and provide the PSA with the list of unpaid claims.

The submission of these claims is the only way to ensure the Department meet their obligations under the Agreement. Not submitting claims will lead to the Department to 'do nothing' .