Prior to commencement of the Serco Immigration Services Agreement 2011 on 27 January 2012, employees worked 15 minutes each shift as handover time with no direct payment, instead receiving a benefit for that time by being rostered for seven hour training days each six weeks, with twelve hours pay for each attendance.
Clause 23(a) of the Serco Immigration Detention Centres Agreement 2009 stated:
Leading up to the 2011 Agreement Serco did not always schedule regular seven hour training days, and on a number of occasions, following representations by United Voice, paid out all accrued training time.
Because of the history of ever increasing unused training accruals, during negotiations for the 2011 Agreement it was agreed that all handover time would be paid at overtime rates as part of the normal pay cycle. Clause 23(a) was updated as follows:
The highlighted words above required Serco to continue to roster seven hour training days and pay employees twelve hours for attending, until all outstanding accruals had been exhausted. The same words appear in the 2014 and 2015 Agreements!
Instead of doing what the Agreement required, Serco has simply reduced the pre 2011 Agreement training accruals by the actual number of hours you’ve spent at any sort of training since that time. There has been no benefit for employees to balance the unpaid time spent attending handovers before the 2011 Agreement started.
United Voice has pressed Serco for training records throughout 2015, and following formal inspections of time and wage records via the union’s right of entry entitlements under Part 3.4 of the Fair Work Act 2009 we have now obtained Serco’s records confirming the continuing training time breaches. The union is presently preparing a prosecution to recover members outstanding entitlements and have a financial penalty imposed on Serco for breaching your Agreement, expected to be filed by August. The prosecution will feature 10 members and if successful will set the precedent for all employees with outstanding balances.
United Voice will keep you updated as this matter progresses.