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A union for Border Force staff has lost a bid to secure workers more time to rest during arduous transits to some of the nation’s most remote postings. The Community and Public Sector Union took the Home Affairs Department to the workplace relations umpire, alleging it had provided insufficient rest for employees deployed to patrol maritime borders. The alleged breaches related to Border Force staff working on two large vessels, ABF Cutter Ocean Shield and Australian Defence Vessel Ocean Protector, which regularly deploy to remote locations including the Christmas and Cocos Islands corridor. These deployments have become regular since the Coalition government introduced Operation Sovereign Borders in 2013. The Fair Work Commission found in favour of Home Affairs, saying the department had not breached the workplace determination and finding the current arrangements afforded it productivity gains and reduced reliance on contractors. The CPSU, supported in the action by the Australian Institute of Marine and Power Engineers, argued for employees to receive greater rest time upon reaching Christmas Island and prior to boarding the vessel. The unions also wanted four days of an employee’s active duty period to be designated for travel to and from the vessel. Deployed staff are covered by the workplace determination, which says that if an employee travels for more than 12 hours in the course of their duty they are entitled to a paid rest period “of sufficient duration to enable overnight rest”. The other clause in contention determined that employees deployed to remote or overseas locations should be rostered on for 31 days and then rostered off for 27 days. To reach Christmas Island staff must travel to Perth, and then are flown to the island to embark the vessel. The unions provided evidence to the commission from several employees whose regular travel time to Christmas Island was 14 to 15 hours. The employees said they had to wake in the early morning of their first day on duty to begin travelling to Perth. They would usually reach Christmas Island that evening, before having to wake at about 3am to travel to the vessel. The unions argued this did not meet the requirement for sufficient rest following a journey of more than 12 hours. Employees reported struggling to sleep properly due to changing time zones and knowing they had to wake early to embark the vessel. Lawyers for Home Affairs submitted that the clause does not entitle employees to rest for the duration of the night but simply that sufficient overnight rest is to be provided, which they argued was met by the current arrangements. In relation to the rostering arrangements, the 31 days of active duty are stipulated to support a 27-day patrol. The unions argued this meant the remaining four days were to be left for travel to and from the vessel. Home Affairs argued that active patrol and travelling both qualified as a duty day and to specify that four days must be set aside for travelling would increase the department’s reliance on contractors to maintain minimum staffing numbers on vessels. The commission also heard evidence that despite the union’s concerns regarding rostering, 60 per cent of crew members did not complete the required number of duty days per year. In a statement following the Fair Work decision, CPSU deputy national president Brooke Muscat said it was incumbent on Home Affairs to provide a safe work environment for staff, including adequate rest. “CPSU members will continue to advocate for safer workplaces through workplace health and safety frameworks, we look forward to the department taking the safety of their workforce seriously,” she said.
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A union for Border Force staff has lost a bid to secure workers more time to rest during arduous transits to some of the nation’s most remote postings.
The Community and Public Sector Union took the Home Affairs Department to the workplace relations umpire, alleging it had provided insufficient rest for employees deployed to patrol maritime borders.
The alleged breaches related to Border Force staff working on two large vessels, ABF Cutter Ocean Shield and Australian Defence Vessel Ocean Protector, which regularly deploy to remote locations including the Christmas and Cocos Islands corridor.
These deployments have become regular since the Coalition government introduced Operation Sovereign Borders in 2013.
The Fair Work Commission found in favour of Home Affairs, saying the department had not breached the workplace determination and finding the current arrangements afforded it productivity gains and reduced reliance on contractors.
The CPSU, supported in the action by the Australian Institute of Marine and Power Engineers, argued for employees to receive greater rest time upon reaching Christmas Island and prior to boarding the vessel. The unions also wanted four days of an employee’s active duty period to be designated for travel to and from the vessel.
Deployed staff are covered by the workplace determination, which says that if an employee travels for more than 12 hours in the course of their duty they are entitled to a paid rest period “of sufficient duration to enable overnight rest”.
The other clause in contention determined that employees deployed to remote or overseas locations should be rostered on for 31 days and then rostered off for 27 days.
To reach Christmas Island staff must travel to Perth, and then are flown to the island to embark the vessel.
The unions provided evidence to the commission from several employees whose regular travel time to Christmas Island was 14 to 15 hours. The employees said they had to wake in the early morning of their first day on duty to begin travelling to Perth. They would usually reach Christmas Island that evening, before having to wake at about 3am to travel to the vessel.
The unions argued this did not meet the requirement for sufficient rest following a journey of more than 12 hours. Employees reported struggling to sleep properly due to changing time zones and knowing they had to wake early to embark the vessel.
Lawyers for Home Affairs submitted that the clause does not entitle employees to rest for the duration of the night but simply that sufficient overnight rest is to be provided, which they argued was met by the current arrangements.
In relation to the rostering arrangements, the 31 days of active duty are stipulated to support a 27-day patrol. The unions argued this meant the remaining four days were to be left for travel to and from the vessel.
Home Affairs argued that active patrol and travelling both qualified as a duty day and to specify that four days must be set aside for travelling would increase the department’s reliance on contractors to maintain minimum staffing numbers on vessels.
The commission also heard evidence that despite the union’s concerns regarding rostering, 60 per cent of crew members did not complete the required number of duty days per year.
In a statement following the Fair Work decision, CPSU deputy national president Brooke Muscat said it was incumbent on Home Affairs to provide a safe work environment for staff, including adequate rest.
“CPSU members will continue to advocate for safer workplaces through workplace health and safety frameworks, we look forward to the department taking the safety of their workforce seriously,” she said.
