ADHC bulletin – Copied state award

Dec 13, 2017

ADHC bulletin – Copied state award – December 2017 (PDF version)

ADHC Accommodation and Respite staff who have transferred or about to transfer to non-government organisations are covered by two awards. They are the:

  1. Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009”. Download copy HERE; and
  2. Crown Employees Ageing, Disability and Home Care – Department of Human Services NSW (Community Living Award) 2015 (CLA). The CLA Reviewed Award is dated 17 November 2015. Download copy HERE.

There is a variation to the CLA dated 30 August 2017 that reflects the PSA’s win at the Industrial Relations Commission. Download copy HERE.

These Awards are known as “copied State Award” under Fair Work Amendment (Transfer of Business) Act 2012.

Operation of “copied State award”

The “copied State award” applies during the 2-year employment guarantee period from the date of transfer to a non-government organisation.

However, this does not mean that after the employment guarantee period, the awards will no longer apply.

Section 768AO of the Fair Work Amendment (Transfer of Business) Act 2012 states that the default period of a “copied State award” is 5 years.

It further states the copied State agreement will cease/terminate if an enterprise agreement is made that covers the employee and the new employer.

This simply means that if a new enterprise agreement is not made before or after the employment guarantee period of 2 years, then the copied State award can exist for a further period of 3 years.

Want to arrange for an Organiser to attend your team meeting?

Send your request to DisabilityCPSUNSW@psa.asn.au.

What can I do in the meantime?

You can support the work of the PSA/CPSU by asking your colleagues to JOIN their union.

Having your union and its collective strength behind you in the workplace is the only way to make sure you get fair outcomes.

Update your details with the PSA/CPSU

Nov 30, 2017

Update your details with the PSA CPSU – November 2017 (PDF version)

In recent times there have been a number of changes within Department of Family and Community Services (FACS). This may include you moving to another location within FACS or the NSW Government or if you were part of the privatisation of disability services, then to a brand new employer.

For the PSA/CPSU to be able to stay in contact with you either through your emails, work location it is imperative the PSA/CPSU has your details up to date.

We understand that in times of change in your employment that updating details with your union maybe the furthest thing from your mind but we need up to date details so we can provide good communication lines with our members.

If you believe your details need to be up dated, then please reply to disabilitycpsunsw@psa.asn.au we will then get them up dated.

Specifically what we need is in your signature block, name, work location, email and phone numbers.

Also if your residential details have recently changed then please provide those also.

Unions battling privatisation of NSW disability service – The Newcastle Herald

Nov 16, 2017

The Newcastle Herald turned the spotlight on this week’s PSA/CPSU NSW forum which gathered a picture of what a safety net for people with a disability should look like.

Read the full article HERE.

PSA appeal from Court fine for Valentine’s Day rallies and strike against privatisation of disability services

Nov 16, 2017

PSA appeal from Court fine for Valentine’s Day rallies and strike against privatisation of disability services – November 2017 (PDF version)

Earlier this year the Industrial Relations Secretary brought legal proceedings against the PSA in the Industrial Relations Commission of NSW (IRC) and subsequently in the Supreme Court of NSW for alleged for contravention of orders made by the IRC Commissioner against the PSA.

This was related to the PSA strike action by members including disability workers on Valentine’s Day in relation to the total privatisation of disability services in New South Wales. As you know the PSA has been strongly campaigning on behalf of members in order to seek appropriate protection for disability workers transferring from the public sector employment to the private sector.

Unfortunately the Supreme Court Judge agreed with the Industrial Relations Secretary and imposed a fine of $84,000 on the PSA – a fine which was five times higher than the previous highest penalty against a NSW union for taking industrial action in support of its members. This is just one example of why we must #ChangeTheRules.

The PSA/CPSU NSW is working with other unions on the Change the Rules campaign. Consistent attacks on workers and their unions such as this fine have contributed to inequality being at a 70-year high and increased insecure work, which has become commonplace in the disability sector.

We are building a movement to change the rules to bring fairness back to Australia. Working people need better and stronger rights at work to ensure jobs are secure and our wages are fair. For more information on the Change the Rules Campaign click HERE.

The PSA appeal to the NSW Court of Appeal

The PSA then lodged an appeal with the NSW Court of Appeal challenging the Supreme Court penalty on a number of grounds including to argue that the IRC Commissioner did not have the power to impose a penalty for the contravention. The PSA argued that alternatively if the IRC Commissioner did have the power to impose a penalty then the formula for calculating the penalty had not been correctly applied and that the fine amount was excessive. The PSA also presented legal argument in relation to the industrial relations legislation.

The PSA filed extensive evidence with the Court of Appeal and served the evidence upon the Industrial Relations Secretary.

The Industrial Relations Secretary opposed our Appeal and briefed the Crown Solicitor’s Office and two barristers including a Senior Counsel to object to the PSA appeal.

The PSA and the Industrial Relations Secretary appeared before the NSW Court of Appeal for the hearing of our appeal on 14 November 2017. The Appeal Court was made up of a Full Bench of three appeal judges including the Chief Justice of NSW.

At the hearing both the legal representatives for the PSA and the Industrial Relations Secretary made oral submissions in relation to the legal arguments.

The appeal judges heard the evidence and have now reserved their decision, which is unlikely to be delivered until 2018.

A further bulletin will be sent to members after the Court of Appeal has delivered its decision.

Know someone who isn’t a member?

A strong union means better outcomes for all members; encourage your workmates to JOIN the PSA today.

PSA update – Conversion of long-term temporary employment to ongoing employment at level

Nov 16, 2017

PSA update – Conversion of long-term temporary employment to ongoing employment at level – November 2017 (PDF version)

What is a long-term temporary employee?

If you have been employed in a temporary capacity for 12 months or more, you are considered a long-term temporary employee (formally referred to as a section 27 temporary employee). You can also request a review of your employment and seek conversion to an ongoing role.

Why is it important to ask for conversion?

Despite the best intentions of managers, conversion of temporary employees is not always a high priority. Long-term temporary employment has increased in the public service and is an example of insecure work.

The PSA fights for secure public sector jobs, which is why it is crucial that temporary employees who meet the threshold write to their supervisors to request conversion.

What are the requirements for conversion?

In accordance with Rule 12 of the Government Sector Employment Rules 2014 a long-term temporary employee may be converted to ongoing employment at level provided:

  1. the person has been employed in a temporary or term employment for a period of at least 12 months at level
  2. the employment is be based on the results of a comparative assessment
  3. is subject to the satisfactory conduct of the person.

Comparative assessments assess an individual’s claim against the pre-established standards for the role and any other claimants (applicants) for the role. This includes:

  1. screening for the essential requirements of the role
  2. application and resume
  3. at least three capability-based assessments, one of which is interview
  4. referee checks.

If you meet the above requirements, you are eligible to request the conversion of your temporary employment to ongoing employment.

What do I do to be converted?

The first step is to join the PSA and encourage all temporary staff at your office to join. You can do this easily online HERE.

Members are encouraged to contact the PSA for individual assistance, please call the PSA’s Member Support on 1300 772 679.

If you have a group of temporary workers in your workplace, contact us and arrange a PSA organiser to hold a meeting in your workplace. Discuss this with your colleagues and email your contact details and office location to FACSOrganising@psa.asn.au.

Public Holiday Shifts for Disability Staff employed under the Crown Employees Ageing, Disability and Homecare – Department of Human Services NSW (Community Living Award) 2010

Nov 16, 2017

Public Holiday Shifts for Disability Staff employed under the Crown Employees Ageing, Disability and Homecare – Department of Human Services NSW (Community Living Award) 2010 – November 2017 (PDF version)

The PSA recently sent a bulletin (15 September 2017) to members covered under the above award, as there may be discrepancies in members’ pay if they had worked a public holiday shift.

The PSA became aware of this after a number of members raised it as an issue.

As there was an upcoming public holiday on Monday 2 October 2017 (Labour Day), the PSA urged all members to check they had been paid in accordance to the award.

It has since been bought to the attention of the PSA that a number of members were not paid correctly if they worked on that day.

If you worked the night shift on Monday 2 October 2017 or any previous night shifts on a public holiday, the PSA urges you to contact FACS and request a review of ALL public holidays where you have worked a night shift for the past SIX years as per Clause 24 Arrears of Income, of the Limitations Act 1969 No31.

When contacting FACS please refer to Clause 14 (1) General (v) (vi) (vii) of the Community Living Award 2010 as set out below:

  1. Public Holidays

(v) Staff members who are rostered off duty on a public holiday shall:

  1. be paid one day’s pay in addition to the weekly rate or, if the officer so elects,
  2. have one day added to their period of recreation leave.

(vi) Where a staff member is rostered for a shift that crosses midnight on a public holiday, and the total rostered hours on the public holiday are less than the equivalent of a full shift, for the purposes of subclause (v) above, the shift will be deemed to have been worked on the day on which the majority of time was actually worked.

(vii) Where because of the majority of hours falling on a non-public holiday the shift is regarded as a non-public holiday shift, the staff member shall be deemed to have been rostered off duty on the public holiday and shall be paid in accordance with subclause (v).

Whilst FACS has rectified the situation in some cases, there have been instances where they still remain unresolved.

If your particular case still remains unresolved contact the PSA at disabilitycpsunsw@psa.asn.au.

Pages:1234567...40»
 PSAMSCLogoSmall

unionshopper.com.au
PSA-Journey-Insurance-icon-July-2017
PSA-website-penalty-rates

Indigenous flag dot painting small