Understanding The CEA OVERTIME & BREAKS

Welcome to this update on Understanding The CEA. The Collective Employment Agreement is a formal contract between NUPE and OT that sets the terms and conditions of employment for NUPE members.

In this update we clarify conditions as they relate to Overtime Breaks

You can find a copy of the CEA here.

OT Newest CEA (002)

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Follow this link to view a quick VLOG (video) on this update by following this link : https://www.youtube.com/watch?v=SaA_cs4WZHM

Overtime

From time to time you will work overtime. This is defined as over your 8 hours per day (if FTE) and over 40 hours a week. This is due to work load, ongoing staffing issues in many areas of OT operations, COVID and multiple other factors including the general nature of the work. NUPE encourages that you are careful with the amount of overtime that you do / accept as your health and wellbeing must be safeguarded and too much overtime may lead to burnout. When staff work excessive hours, it can negatively impact on practice which can and has, lead onto serious consequences.

What Does The Collective Say

Refer to 3.3 of the CEA.

If your base rate is less than 50,000 any overtime you do is paid at the rates outlined in 3.3.1

For all other staff, you are provided TOIL on an hour for hour basis.

Note that a manager can make overtime payments available to all staff at the rates specified in the agreement (in 3.3.1) where there is a business need to do so.

In the situation where you are asked or agree to do overtime, we recommend that you seek agreement from your manager to be paid at the rates outlined in 3.3.1. Where there is a business need, your manager is able to approve this payment.

Please note, that at this stage, any overtime worked does not attract allowances i.e night rates / penals. You will be paid less hour for hour than your normal rate of pay. Seeking payment as per the 3.3.1 clause will compensate this.

Breaks

It is important that you are able to take your breaks through your day. Breaks can help reduce stress, improve your mood, and prevent burnout. Working for long periods without breaks can lead to decreased focus and productivity. The work you do is important, it can be complex and it is important you are on top of your game and practicing well. Breaks will give you a short amount of time for self-care. Breaks must provide a reasonable chance during work periods to rest, refresh and take care of personal matters.

NUPE is of the view that a break is NOT a break if during that period you are on hand to respond to emergencies, unable to leave site, required to do work related tasks i.e check email, open / close doors / drive. Having non-contact work time does not constitute a break and this time must be paid.

What Does The Collective Say

This section of the CEA is relatively straight forward.

If you are finding that your work routine prevents you from taking your breaks, do contact NUPE. We will advocate.

In the situation where you are required to be on a response team through your break or you are required to respond to an incident or other operational issue while on break, then this must be paid if you are not able to be provided an alternative time for a break. Please contact NUPE if you are having any issue claiming this payment.

E.g. You are on your break, are required to respond to an incident, you would seek to have the break paid by noting it on your time sheet referencing the incident report that will have been completed for the event.

If you have questions please send them through to Mathew@nupe.org.nz

If there are parts of the CEA that you have questions about, send them through and we will develop an “Understanding Your Collective “ response.

Until next time, take care, get supervision, take your breaks, practice sharp.

Matt Glanville

For NUPE

Frequently Asked Questions

What Is A Collective Agreement (CA)

 A collective agreement is the formal employment agreement ratified (voted on and accepted) by union members and signed by the union and employer after collective bargaining. The agreement sets the terms and conditions ( e.g Sick leave, annual leave entitlements) of employment of union members whose work comes within the coverage clause of the agreement.

What Is a Individual Employment agreement (IA)

 An individual employment agreement covers one employee and one employer.

They can be used when:

• there’s no collective agreement that covers your job, or

• there is a collective agreement but you’re not a member of the relevant union and don’t want to join the union.

What Is Bargaining?

Bargaining is when your pay rates and your terms and conditions are discussed with your employer commonly with the purpose of getting an increase in pay rates and terms and conditions.

If you are with NUPE, you will be covered by the NUPE CEA and we will negotiate these terms and conditions. If you have questions about your collective, do contact your organiser.

A Collective agreement can vary in length but will not be more than 3 years long, so bargaining occurs every couple of years.

At bargaining the Union on your behalf will present claims ( things we want in your employment agreement) to the employer .

Who attends bargaining:

• The Union team will consist of a NUPE Union organiser and a delegate or delegates. Delegates are union members who have been nominated to be a delegate and hopefully will have attended delegate training. Delegates with the organiser will be your voice at the bargaining table.

• Members will be kept up to date and will vote to accept or reject an offer from bargaining