ICAC Releases findings

FULL BENCH DECISION IN THE ORDINARY HOURS OF WORK CASE

A Full Bench of the Fair Work Commission handed down its decision in the ‘Ordinary Hours of Work case’ – a long running dispute between the United Workers’ Union and the Security Industry.

The decision in favour of ASIAL ensures that members can continue to allocate ordinary hours and overtime in roster cycles of up to 8 weeks in an efficient and cost effective manner.

ASIAL engaged Tim McDonald from Moray and Agnew Lawyers assisted by Chris Delaney, ASIAL’s Workplace Relations Advisor to defend the industry position.

A link to the decision is on the ASIAL website: asial.com.au/news/full-bench-decision-in-theordinary-hours-of-work-case

BACKGROUND

In its 2018 decision of the Federal Court – Full Court, dismissed United Voice’s appeal endorsing the decision of Tracey J in the Federal Court where he concluded:

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“[49] The Award provides for ordinary hours (that is, 38 hours per week) to be averaged over two, three, four or eight week roster cycles “at the discretion of the employer”: cl 21.1(a). It also provides for additional payments for the working of overtime hours: cl 23.3.

[50] Rostering arrangements are within the discretion of the employer. Consistently with the existence of this discretion the Award does not contain any express restrictions on the exercise of that power. In particular it is open to an employer: to choose the day on which a roster is to begin; to decide whether overtime hours can be included in the roster at a point before which all ordinary hours have been worked; to decide on the number of days on which ordinary hours can be worked; and to fix the number of days of the week on which ordinary hours are to be worked (subject to the limitations prescribed by cls 21.3 and 21.4). [51] Absent such express restrictions, the ordinary and natural language of the Award, in my view, permits an employer to act in the manner in which the respondent has done in the present case.” The Full Bench of the Fair Work Commission stated “we are not satisfied that the variations to the Security Award 2020 sought by the UWU, or any variations to the relevant provisions of the award, are necessary to meet the modern awards objective. Accordingly, the UWU’s application is dismissed”.

FOR MORE INFORMATION

Members can contact ir@asial.com.au

NSW – ICAC RELEASES FINDINGS

ASIAL has welcomed the release of the Independent Commission Against Corruption (ICAC) findings into the over-payment of public

INVESTIGATION INTO THE OVER-PAYMENT OF PUBLIC FUNDS BY THE UNIVERSITY OF SYDNEY FOR SECURITY SERVICES

funds by the University of Sydney for Security services.

ICAC REPORT MAY 2020

The findings reinforce ASIAL’s call in the interests of good governance for greater rigour and transparency in the procurement of security services and contract management practices.

To view the report visit www.icac.nsw.gov.au

MELBOURNE HOTEL QUARANTINE IN THE SPOTLIGHT SCRUTINY

As we go to print, allegations of improper behaviour and practices at some quarantine hotels in Melbourne have generated significant media attention. ASIAL CEO, Bryan de Caires interviewed on ABC’s 7.30 Report acknowledged the essential frontline role performed by Australia’s private security industry in helping to keep people, property and businesses safe during the COVID-19 pandemic.

ASIAL issued a Media Statement welcoming the inquiry announced by Premier Andrews into all aspects of the operation of Victoria’s hotel quarantine program headed by former judge The Honourable Jennifer Coate AO. The inquiry will focus on the actions of Government, hotels, contractors, security and food suppliers.

In its statement, ASIAL acknowledged the efforts of thousands of security personnel mobilised rapidly at hospitals, critical infrastructure and manufacturing facilities, shopping centres, supermarkets through to monitoring alarms and securing hotels housing quarantined returned travellers across the country. Throughout the pandemic thousands of dedicated and hardworking private security officers have shown up for duty 24/7 to help keep us safe.

Bryan de Caires also stated “ASIAL awaits the findings of the Inquiry ... If any wrongdoing is identified, ASIAL supports those at fault being held fully to account.”

ASIAL’s Media Statement can be viewed at: asial.com.au/news-information/media/media