Legal Services Commission | Term Contracts | Compulsory Lunchtime Training

22 August 2019

Term Contracts
The PSA has been successful in seeing more than a dozen employees moved from term contract employment to ongoing in LSC. All required positions should be employed on ongoing employment arrangements. It is not appropriate for managers to use contracts as open-ended probationary periods.

The PSA will continue to fight for ongoing employment being the primary form of employment in the public service. It is now a term of our enterprise agreement. If you are a PSA member and are on a contract then you are strongly encouraged to seek advice.

Compulsory Lunchtime Training
In response to the PSA raising the loss of break time to unpaid work, members who did training over lunch breaks have been offered Time Off In Lieu (TOIL).

The enterprise agreement is clear, you are entitled to 1.5 times your normal hourly rate for each hour worked from the start of the sixth hour until you got a half hour break – probably the end of the day for most of you. Anyone who seeks this additional payment must claim within eight weeks from the date of the missed lunch break (see below).

36.1 Subject to this clause, a minimum meal break of 30 minutes per day is to be taken by all employees, which time will not count as part of an employee's ordinary working hours.
36.2 No employee will be required to work more than 5 hours without such a break, except where the employee is subject to the following arrangements:
a. the employee is employed for not more than 6 hours;
b. there is a need, or the employee elects, to maintain continuity of active duty, care or service provision;

c. the employee is subject to a working arrangement that provides for a crib break; or
d. the employee has an arrangement approved by the chief executive to accommodate the employee’s personal circumstances or a request by the employee for a flexible working arrangement.
36.3 Where an employee is required by an authorised person to work without having had, or commenced, a minimum meal break or crib break (as applicable), the employee will be paid an additional 50% of the employee’s ordinary hourly rate from the commencement of the sixth hour (that is, upon completion of the fifth hour) until the employee is provided with a meal break or crib break (as applicable) or until the completion of the employee’s ordinary hours of work for that day or shift. It is not the intention of the parties that this clause or penalty would detract from providing an employee with a break after five hours of work.

36.4 Unless the employer has already made payment of a penalty, a penalty payment under this clause must be requested by the employee to be paid within 8 weeks of the end of the pay-cycle in which the meal or crib break was not provided, absent which no penalty is payable under this clause.