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ASSUMED CONSENT - MANAGEMENT'S BIG STICK, or NOT?
Assumed Consent Myth Busting
You must discuss with, or seek permission from, your team:
False. There is no legally sound reason for this, and your colleagues have no right to know anything about your
personal life if you so choose. Assertion of this relates to incorrect interpretation of FWH Policy 5 and Employee
Deal paragraphs 15 clauses b, c, and d which are about TPT shift input negotiations & adherence – these contribute
to forming a structure to promote fair access to Assumed Consent long before the actual application of Assumed
Consent on a standard day-to-day basis.
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You must have a face-to-face chat with you LM/TL. We don’t have enough staff in to cover on the team: My LM/TL told me that today is "Exceptional" so they can’t allow me to go. |
I can flex-on/off when I like with Assumed Consent.
True - as long as you obey the rules:
Inform your LM/TL beforehand – mainly for H&S purposes.
You must complete at least half of your shift before you flex-off OR you will complete at least half of your shift
after you flex-on.
You must have enough flexi-time to ensure you’re not exceeding the flexi-deficit limits under normal circumstances.
Accurately record your Flexi accrual on the designated flexi-sheets as prescribed by the Department in accordance
with the Flexi Working Hours Agreement and site-agreed allowances.
I’ve been told there is insufficient leave levels for Assumed Consent.
False. Leave levels do not apply to Assumed Consent. Anyone telling you this is confusing Flexi-leave (half day or
more leave using accrued flexi-time) with Assumed Consent (ad-hoc variation of shift unfixed end time using accrued
flexi-time). Remember Flexi-Leave is treated like Annual Leave, whereas Assumed Consent is not.
If you are experiencing issues surrounding any of the above, then
please contact a local PCS TU Rep for assistance and advice.