ADHC – Pay on public holidays

Sep 15, 2017

ADHC – Pay on public holidays – September 2017 (PDF version)

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

It has recently been brought to the attention of the PSA/CPSU NSW that some members have had anomalies in their pay whilst working on the night shift of a public holiday.

We urge members that are rostered on the night shift for the upcoming Labor Day public holiday to be vigilant and to check their pay to ensure they are paid in accordance to the clauses set out below in the award.

(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 payroll has rectified the situation, in some cases, there may be members who have anomalies of their own from working previous night shifts on public holidays.

Please check your payslips and contact FACS payroll there are any discrepancies. If there is no resolution after contacting FACS payroll then contact the PSA at disabilitycpsunsw@psa.asn.au.

NSW Police – Re-Engineering update

Sep 15, 2017

NSW Police – Re-Engineering update – September 2017 (PDF version)

The PSA met with NSW Police on 14 September 2017 to discuss the Re-Engineering Project.

The PSA also met with NSW Police HR to discuss the Change Management processes.

Re-Engineering

NSW Police advise that at this stage there have been no decisions made about LAC amalgamations or other significant structural changes.

The PSA is very concerned about the lack of information to date, especially given the PSA wrote to NSW Police seeking consultation on 26 May 2017, and lodged a dispute in the Industrial Relations Commission (IRC) on 17 August 2017.

The PSA notes that NSW Police are having discussions in regional NSW about LAC amalgamations and staff being affected by amalgamations, but have failed to provide the PSA with any information of substance to date.

The PSA opposes job losses in regional NSW, and has not been provided with any information that would justify the reduction of unsworn officer positions.

The PSA is also concerned that NSW Police is making business decisions without understanding the nature of the work of unsworn officers, and without taking into account crucial factors such as workload, service delivery obligations and the need to support sworn Police Officers in their duties.

The PSA notes that an obligation under the State Government’s Agency Change Management Guidelines is that NSW Police must prepare a Rural Impact statement and are required to take into account the impact of job losses on a rural community and the limited opportunities of re-employment for regional staff.

In having open discussion in regional NSW about LAC amalgamations without providing the PSA with relevant information, NSW Police are denying the PSA and our members the opportunity to have meaningful input into any business decisions.

There is no official documentation on the proposal/restructure/re-engineering, however, we are aware that your workplaces are full of rumour and suspicion fuelled by leaks of differing reliability.

We are calling on NSW Police to release its proposal and Change Management Plan as soon as possible and end stressful speculation.

As soon as it is released and the full facts are provided, and it includes job or station cuts, we will vigorously represent your interests and your communities through every industrial avenue available.

Re-Engineering HR

The PSA has commenced its fortnightly meetings with NSW Police to discuss HR processes.

NSW Police HR has advised it is working on a Draft Placement Strategy and Change Management Plan which will be provided to the PSA shortly for consultation.

The PSA has been receiving constructive feedback from members and invites continued feedback to ensure that all relevant matters are raised with NSW Police during consultation.

WHAT YOU CAN DO

Look out for meeting notices and bulletins and advise the PSA of any developments and matters of concern.

Please remember that the PSA can only represent its members.

Call the Member Support Centre on 1300 772 679

Or email: membersupport@psa.asn.au with ‘Police Re-Engineering’ as the subject.

PSA wins caseworker inherent requirements dispute

Sep 15, 2017

PSA wins caseworker inherent requirements dispute – September 2017 (PDF version)

As members would be aware from previous bulletins, the PSA lodged a dispute in the Industrial Relations Commission (IRC) in relation to the Inherent Requirements Caseworker Position document. You can read our previous bulletin on this dispute HERE.

The Inherent Requirements Caseworker Position was introduced by the department a number of years ago without any consultation with PSA. PSA delegates and industrial staff have been involved in numerous individual matters over recent years where this document was used by local and district management to target caseworkers, in some cases resulting in medical retirement of our member.

We initially wrote to FACs secretary Michael Coutts-Trotter, who dismissed our concerns, resulting in the PSA lodging the dispute in the IRC.

A win for members

The PSA is happy to advise that the IRC supported the PSA’s position and we reached agreement on a newly worked document which has all references to “inherent” and “requirements” removed.

We will distribute a copy of the new Description of Casework Roles Tasks and Activities document once it is finalised with the Department. This document will replace the Inherent Requirements Caseworker Position which is a significant win for members.

We will follow up with the department to ensure that the old document is withdrawn and that all managers and Work Health and Safety (WHS) staff involved in return to work process are provided with the new document.

Members and delegates, remain vigilant

It is important to remain vigilant in identifying incidences where caseworkers, casework specialists or managers casework are not been afforded a fair go – be it in relation to suitable duties or options of change-of-work location.

It is not acceptable that this department fails to accommodate members who have suffered a workplace injury, or have a medical condition, and arrange for their transfer to a more suitable casework program area. WHS legislation and internal policies place the onus on the employer to accommodate the specific needs and restrictions of injured workers.

Congratulations and thank you to all those involved in the dispute, we are only as strong as our members and delegates.

Want a visit to your CSC?

Contact your organisers to arrange a visit to your workplace, email Jose Vasquez JVasquez@psa.asn.au or Robin Croon RCroon@psa.asn.au today.

You can support the work of the PSA and your local delegates by asking your colleagues to JOIN their union.

NSW Police – Managing excess leave balances

Sep 15, 2017

NSW Police – Managing excess leave balances – September 2017 (PDF version)

Members from across NSW Police have raised concerns about directives they are receiving around the management of excess leave. After making repeated enquiries with NSW Police at the Joint Consultative Committee (JCC) without progress, the PSA raised the issue formally via a letter in August 2017. We have not yet received a response but had been previously advised verbally that the problem came down to a SAP issue.

The PSA trusts this matter will be addressed in due course by NSW Police but in the meantime, it is important members are aware of their award entitlements and are not being asked to follow unlawful directives.

Clause 78.2 of the Crown Employees (NSW Police Force Administrative Officers and Temporary Employees) Award 2009 outlines the ‘Limits on Accumulation and Direction to take leave’.

Specifically, Clause 78.2.3 states that:

‘The Commissioner shall notify the staff member in writing when accrued recreation leave reaches 6 weeks or its hourly equivalent and at the same time may direct a staff member to take at least 2 weeks recreation leave within 3 months of the notification at a time convenient to the NSW Police Force’

And Clause 78.2.4 states that:

‘The Commissioner shall notify the staff member in writing when accrued recreation leave reaches 8 weeks or its hourly equivalent and direct the staff member to take at least 2 weeks recreation leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the NSW Police Force’

Members have informed us that they are receiving directives that are not in line with the award. Specifically, they are being directed to take two weeks of leave within six weeks when they reach 210 hours (six weeks) of accumulated leave. In fact, this is only a requirement when 280 (eight weeks) hours of accumulated leave has been reached. Sometimes members are being asked to take leave immediately outside the award conditions to reduce their leave balances.

Furthermore, where a member has leave scheduled within the above timeframes in their leave planner, they are not required to take further additional leave beyond what is contained in these clauses as they already have a plan to reduce their balances.

Any member facing directives or pressure from supervisors or managers on this issue should direct them to a copy of this bulletin and the Award. If there are further problems, please contact our Member Support Centre immediately on 1300 772 679.

The PSA will not hesitate in enforcing the award entitlements of its members.

Get your colleagues involved in the PSA and protecting your rights and conditions at work!

To organise a meeting in your workplace, contact:

Roland Harris – PSA Organiser
rharris@psa.asn.au

University of New England Enterprise bargaining update

Sep 15, 2017

University of New England Enterprise bargaining update – September 2017 (PDF version)

This week’s Enterprise Bargaining meeting saw the five parties engage in extensive discussion on the UNE Common Interests document as well as the current clauses in the Agreement for Grievance, Misconduct and Unsatisfactory Performance.

It seems that last round’s revisions are not working as well as they could for management. We expect the university will be presenting us a flow chart of the current processes and draft amendments at the next meeting for discussion. While the CPSU NSW does not have a claim to significantly change these clauses, we are open to modifications so long the processes remain fair and equitable for our members.

Meanwhile, your bargaining rep Lynda has been hard at work mapping our Log of Claims alongside the current agreement and the university’s Common Interest document. We hope to have this completed to table for discussion at the next meeting and create some forward momentum to transition the discussions into more practical exercises.

While the discussions thus far have been somewhat useful for the parties to develop a greater understanding of each other’s rationale, we think it’s time get into the real serious work and find out where the parties stand on the existing clauses and get the real negotiations started.

For any further information or feedback, please contact one of your Bargaining Representatives:

Jen Mitchell – Industrial Officer
jmitchell@psa.asn.au

Ross Bennetts
rbennett@une.edu.au

Amanda Lang
alang13@une.edu.au

Lynda Creedy
lcreedy@une.edu.au

Water NSW attacking employees and unions

Sep 15, 2017

Water NSW attacking employees and unions – September 2017 (PDF version)

After months of further delays, a clearer proposal has been released by Water NSW and approved by the NSW Government. The result is a clear attack on wages for most employees and conditions for all employees from SWC, SCA and DPI Water. Water NSW’s proposal also includes the complete removal of all union delegate rights and the provision of payroll deduction for union members.

The next bargaining meeting is scheduled for 25-26 September. The CPSU NSW will know more details about the proposals, and any potential changes the unions win, after these dates. What we do know so far from their complex offer is below.

The cuts to conditions that we know about so far are:

ONLY ONE GUARANTEED PAY RISE, the proposal offers an initial two per cent based on the 30 June 2017 salaries. For former DPI and SCA employees, the Fair Work Commission pay rise will off-set the two per cent.

  • Former SWC – 2 per cent 2017
  • Former DPI – 0.35 per cent 2017
  • Former SCA – 0.1 per cent 2017

In addition to this, Water NSW is offering one-off bonuses each year. This will not increase your base salary but be a lump sum. The badly named STI (Short Term Incentives) may provide a bonus to some employees based on performance.

The current State Water enterprise agreement has a trial performance based salary scheme.

In the first year, many employees received the increases. After the budget was impacted, the numbers of employees getting the further increases reduced significantly.

And there is more! There are no steps within the “Band Range” for the top three level classifications, and no steps in the “Grades” for the first seven level classifications. The additional two per cent increase to base salary applies to the Band and Grades, not the individuals. Water NSW has already indicated it wants the Band Range to be performance-based, so employees can move up and down within the band based on performance.

It is not clear how this would work, but with no steps for any classification, employees’ salaries are significantly more subject to management discretion. Even with a (yet to be provided) promise that employees within each grade won’t have their salaries reduced from year to year, there is no guarantee that the two per cent will actually apply to their salary.

EXAMPLE: John is on Grade 1, earning $49,000 a year. The Range for Grade 1 is proposed at $46,700-$51,600. The two per cent pay rise (if John is not on a ‘performance plan’ at that particular time) applies to the Range. So the bottom of Grade 1 will move from $46,700 to $47,634 and it’s not clear whether John’s salary will increase or not. Any increase would likely depend on performance as measured by his manager.

For 296 employees, pay rises to their base salary will be one per cent or nothing meaning any additional income would be from getting an STI, as a one-off payment. As the increase applies to the ‘range’ we are still not sure if employees will actually get the one per cent at all!

Former DPI and SCA employees to still move to 36-hour weeks with no increase in pay. This has already been rejected by the unions as not acceptable, and remains as part of the Water NSW proposal.

And the proposal includes more conditions stripped!

Enforceable redundancy entitlements will to the National Employment Standards, or the bare minimum. This means enforceable redundancy of 12 weeks’ salary for employees with 10 or more years of service. Water NSW is seeking to have the MEE Redundancy sit within policy, meaning it is not enforceable like conditions in the enterprise agreement and subject to change by the Government.

  • Forced annual leave subject to more management direction, further details to be confirmed
  • OVERTIME cut with standard double time after two hours reduced to time-and-a-half
  • Delegations under Legislation imposed onto employees without higher duties when supervisor on leave for less than eight weeks
  • Union leave for your delegates will be lost, as will payroll deduction for members’ union fees
  • Flexible Working Agreement to be replaced by a ‘negotiate with your supervisor’ scheme where many employees will work ‘flexible’ hours on set rosters
  • Consultation for restructures stripped back to the bare minimum for workplace
  • Management of Declared Incidents removed
  • One week of Annual Leave removed for employees in Western NSW for all new employees, placing this entitlement at greater risk for the next agreement.

WHAT DO EMPLOYEES HAVE NOW?

Former DPI Water and SCA employees have all conditions continued plus pay rises provided by the Fair Work Commission. CPSU NSW lawyers are continuing to claim the full 3.3 per cent for 2017 for those employees from DPI and SCA.

Former State Water Corporation employees have all conditions continuing under current enterprise agreement. However, pay rises need to be agreed.

WHAT IS NEXT?

The CPSU NSW strongly recommends all employees reject this proposal by Water NSW. All employees deserve better with conditions protected and improved, and fair pay rises across the board.

A single classification system is not needed for a new enterprise agreement.

There is no need to place hundreds of employees on ‘above headroom’ where salaries are higher than their classification, and more pressure on managers to reduce employee salaries or limit pay rises for budgetary purposes.

If Water NSW does not drastically alter their proposal then the CPSU NSW will be asking members to consider possible industrial action. Members from DPI have certainty with conditions and pay rises, and SWC members should be afforded the 2.5 per cent that the rest of the government services get.

Industrial action under the National System requires the union to formally ballot all members, through a Protected Action Ballot Order, or PABO. Often just the process of members endorsing a Protected Action Ballot is enough to show management employees are serious in demanding a better offer. The CPSU NSW will be consulting with members about taking these next steps if major changes are not proposed by Water NSW.

The “unification” of multiple state and federal industrial instruments and classifications can be a long complex process. Union members should not have to accept a bad package, or wait indefinitely for a pay rise while this happens.

What can members do now?

The stronger the CPSU NSW is, the better outcomes we can get for all members at Water NSW. Ask your colleagues to JOIN the CPSU NSW. Share this update with your co-workers. Discuss this proposal with your co-workers and ask them to JOIN in the campaign for a fair outcome for all Water NSW employees.

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