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Aware Super believes some employees can be asked to work excess hours (in some cases up to 20 extra hours a fortnight)!

It’s a position that our union simply cannot support. Below are detailed FAQs explaining exactly what management is proposing and why it’s a bad idea… and why we must reject it by voting NO when the ballot opens tomorrow.

What’s the issue with overtime in Aware Super’s proposed Enterprise Agreement?

Working additional hours is a fact of life for many of us at Aware Super.

This was a major topic for Enterprise Agreement negotiations – we know that, sometimes, we need to work more than our usual 38 hours each week. However, we want to make sure that any additional hours are reasonable and that we receive fair compensation, either in time back or an overtime payment.

What does the proposed Enterprise Agreement say?

Regardless of what band you are in, Aware Super can only ask you to work additional hours if those hours are reasonable.

If you are in bands 1 – 3, you will receive an overtime payment for all pre-approved additional hours you work. If you work in the Member and Client Support Services Job Family, you do not need to get pre-approval for overtime work if you are completing a member call.

If you are in band 4 or 5, however, Aware Super’s view is that your salary already compensates you for additional hours. If you’re in band 4, Aware Super says your pay compensates you for working an extra 10 hours a fortnight on top of your usual 38. If you’re in band 5, Aware Super says your pay compensates you for working an extra 20 hours each fortnight.

You will receive one hour of TOIL for each additional hour you work if your People Leader directs you to work:

• more than 10 additional hours in a fortnight for a band 4;
• more than 20 additional hours in a fortnight for a band 5;
• outside the span of ordinary hours.

What does ‘reasonable additional hours’ mean?

The Fair Work Act states that any hours worked over 38 in a week must be ‘reasonable’. In determining whether the additional hours are reasonable, these factors must be considered:

• Any risk to employee health and safety.
• The employee’s personal circumstances, including family responsibilities.
• The needs of the workplace or enterprise.
• Whether the employee is entitled to receive overtime payments, penalty rates or other compensation (or a level of remuneration that reflects an expectation of) working additional hours.
• Any notice given by the employer to work the additional hours.
• Any notice given by the employee of their intention to refuse to work the additional hours.
• The usual patterns of work in the industry.
• The nature of the employee’s role and the employee’s level of responsibility.
• Whether the additional hours are in accordance with averaging provisions included in an award or agreement that is applicable to the employee, or an averaging arrangement agreed to by an employer and an award/agreement-free employee.
• Any other relevant matter.

Why is the FSU concerned about this?

Union members from across Aware Super have told us they are regularly working overtime with no discussions with their People Leader, and with no consideration as to whether the hours they are working are reasonable.

The Fair Work Act requires that all additional hours worked by all employees meet the definition of ‘reasonable additional hours’. We know that this simply is not happening at Aware Super today – people are working additional hours simply to get the work done. There is no process to even monitor how many hours people are working, let alone ensure those hours meet the legal test of being ‘reasonable’.

The FSU is deeply concerned that, once an Enterprise Agreement specifies numbers such as those listed above with no additional compensation, that will become the norm. No one tracks it or ensures those hours are reasonable. When these extra hours do not attract extra compensation or TOIL, it is like they do not exist.

What’s more, reasonable additional hours shouldn’t be constant or consistent (let alone built into an Enterprise Agreement). They should only be worked at times when required. Aware Super’s proposed Agreement would result in the opposite and normalise additional hours as a regular occurrence.

These extra hours take a toll. They cost us time with our families and friends, time to spend on our wellbeing, and they negatively impact our health. There is substantial evidence that working these hours damages employee health in serious ways.

The FSU cannot support an agreement that involves people working significant numbers of additional hours with no additional compensation or TOIL. This normalises working excess hours and damages the health and work culture for everyone working at Aware.

I’m in bands 1 – 3. why should I care?

Organisational culture starts at the top of any organisation.

When Aware Super is comfortable having employees working almost 50 hours a week with no additional compensation, something is wrong with that culture.

Whatever your band, these standards of working excess hours will impact you. It might be your manager working excessively, but that could create an expectation on you to do the same. Or it might be that you are hoping to move into a more senior role where you will be directly impacted by these unfair expectations.

What can I do about this?

1. Talk to your colleagues! Spread the word and pass on this information – these overtime arrangements are toxic and unsafe.
2. VOTE NO! The only way to tell Aware Super to do better on overtime is to vote NO to send them back to the negotiating table to sort this out.

If you have any questions about Aware Super’s proposed agreement or the upcoming ballot, email [email protected] and we’ll be in touch.