Your questions answered
Danielle Wilson is an Industrial Officer for IEU-QNT. Tina Smith is an Organiser for the IEUA NSW/ACT Branch. They answer your industrial and legal questions as they relate to state laws and regulations.
I am a director/teacher working in a local committee-run kindy. My days do incorporate some minimal non-contact time, but under my collective agreement, I understand I’m also entitled to additional non-contact time. This works out to be just under two hours per week, to be taken in full day blocks in the last week of each term and backfilled by relief staff. I understand I’m also entitled to release time to undertake the administrative work associated with my role as a director.
This week, the committee advised us we must now get their approval to engage relief staff to fill in for any non-contact time. I’m concerned this will hinder us from exercising our entitlement under the provisions. I’ve always managed our non-contact days and had the authority to engage relief staff to cover any absence or release. Can the committee do this?
Brigitte
Dear Brigitte
Where your collective agreement provides for additional non-contact time as an entitlement, your employer must provide this and take whatever actions are necessary to ensure you have access. Your non-contact time is in addition to any other release time you may be entitled to in your role. It is crucial staff assert their rights to these entitlements.
Unless there is a question over the entitlement to non-contact time, we can see no reason why the committee would want to intervene. This undermines your authority and autonomy as the director and discourages staff from accessing their rightful entitlements. This clearly needs to be addressed with your committee.
You should raise these issues directly and formally with the committee and should do so with the support of our union. We can provide advice regarding how to make this approach. Our union can also provide support and representation should the committee not be willing to resolve this matter satisfactorily. As a community-based committee, it is possible they do not understand their obligations and it might be necessary to point this out.
We encourage you to contact our union for further advice and support with this matter.
Danielle
I am a director/teacher working in a local committee-run kindy. My days do incorporate some minimal non-contact time, but under my collective agreement, I understand I’m also entitled to additional non-contact time. This works out to be just under two hours per week, to be taken in full day blocks in the last week of each term and backfilled by relief staff. I understand I’m also entitled to release time to undertake the administrative work associated with my role as a director.
This week, the committee advised us we must now get their approval to engage relief staff to fill in for any non-contact time. I’m concerned this will hinder us from exercising our entitlement under the provisions. I’ve always managed our non-contact days and had the authority to engage relief staff to cover any absence or release. Can the committee do this?
Brigitte
Dear Karen
Your employer must pay you overtime for work you do outside of your contracted hours if you have been directed by your employer to attend the meetings. Alternatively, by mutual agreement between you and your employer, you can choose to take the time as time in lieu. Your employer cannot use the above-award rates to cover other obligations of work you do. The above-award rate that you agreed to work for is your base hourly rate not inclusive of overtime. If you receive a new or varied employment contract, contact the IEU and we will be able to check it.
Tina