Originally Posted by
gordonfvckingramsay
It would be very hard if not illegal to claim the non-acceptance of overtime due to chronic overtime and chronically fatiguing rosters is industrial.
AsA management would probably argue that this thread is a form of Industrial Action. IDK.
From the Enterprise Agreement.
Additional Hours
(a) An employee has an obligation to work a reasonable amount of additional hours where it is necessary to meet operational requirements. This obligation is subject to the provisions in the remainder of this clause.
(b) If, having regard to the matters set out in (i) to (v) below, it would be unreasonable for an employee to work the additional hours, the employee does not have an obligation to work those hours:
(i) any risk to the employee’s health and safety;
(ii) the employee’s personal circumstances, including family responsibilities;
(iii) the needs of the workplace;
(iv) the notice given by Airservices of the requirement to work the additional hours and any notice the employee has given about their availability or unavailability to perform additional hours work in a particular period;
(v) any other relevant matter.
(c) If an employee is asked to work additional hours and after considering the matters mentioned in clause (b)(i)-(v) (as above), the employee concludes that it would be unreasonable for them to work those additional hours, they may decline to work those hours and they will not be required to work those particular hours. In that event, Airservices is entitled to ask the employee to provide the reason or reasons for their conclusion and if Airservices wish to dispute whether the refusal is justified under this clause, it can do so, in which case the dispute will be dealt with in accordance with Disputes Avoidance and Settlement Process clause.