Feb 17, 2014

Privatising ADHC at expense of staff, clients


NDIS Bulletin February 2014 (PDF Version)

Last year the NSW Government passed legislation (NDIS NSW Enabling Act) which states at s14(3) that “A transfer of employment under this section does not require the consent of the person transferred”.

This was probably done to deny redundancy pay to staff working at ADHC who do not want to be transferred to a job with inferior conditions and/or pay in the private sector.

The legislation also fails to protect conditions and accrued entitlements (eg redundancy) for transferred staff.

There is nothing in the legislation that:

a) requires a private employer to keep ADHC staff who transfer across. This means the new employer may make newly transferred staff redundant; or
b) protects accrued entitlements such as years of service for redundancy purposes and leave entitlements.

This is totally unacceptable as it could lead to an ADHC staff member being forcibly transferred to a private employer, losing their right to redundancy, then made redundant by the new employer without accrued redundancy entitlements to cushion the blow.

Little wonder that PSA members are worried about their jobs and conditions and angry with the NSW Government’s plans to privatise Disability and Home Care Services.


1. Negotiating to defend your rights, conditions & pay…

The PSA will campaign against the Government’s privatisation agenda, however we will not allow the Government to forge ahead with its intention to privatise ADHC without recognising the rights and conditions of PSA members.

To secure those conditions we are seeking a ‘framework agreement’ from the Government to protect:

  • rates of pay
  • leave entitlements
  • superannuation
  • redundancy pay
  • other important conditions of employment

On 30 January and again on 13 February, the PSA met with other unions, FACS and Treasury representatives to discuss this agreement. We advised that it must provide for an employment guarantee period for genuine job security.

The next meeting is due to be held 6 March.

2. Campaigning to defend public services& jobs…

The PSA will continue to campaign to expose the truth that the NSW Government is using the NDIS as a Trojan horse to disguise its efforts to privatise ADHC.

Our campaign kicked off in October in the Hunter Region with a forum on how the NDIS would impact disability services in that region.

This was ramped up in December when the PSA hosted a Q&A style event in Newcastle which drew over 400 ADHC staff, clients, carers, families and other community members from around NSW.

Many other members were able to participate on-line by posting questions on the PSA’s “Have your say” page of our website.

The event drew media interest and alliances were formed amongst stakeholders opposed to the privatisation.

Similar forums will be rolled out in other major locations in NSW to draw attention to the real story behind the implementation of NDIS in this state.

PSA staff are visiting group homes, large residences and service centres to provide a 15 minute briefing on paid work time to hear what you have to say about this issue.

Members meetings will also be held across the state to inform members of the campaign and seek input.

For members who cannot attend these meetings we will be holding a digital “Live Chat” and we encourage you to invite your friends and families to join us in this event. Details on this will be published shortly.

3. What do we need to get this campaignto bite?

We need to spread the word
We need a campaign contact at each and every workplace.

Workplace Contact
PSA organisers are in personal contact with ADHC members who have volunteered to help circulate information on this important issue in their own workplace.

PSA Networking
We will be setting up campaign committees across the state to facilitate networking with other members.

Community Alliances
These networks will help us to reach out to other stakeholders, who are angry about the privatisation of such crucial services.

Who do you know?
We are asking members to speak to friends, families and people you know in the community who will care about this issue and bring them along to a PSA event.

Contact Details
We will be publishing PSA events on our website www.psa.asn.au and emailing everyone from the psacampaigns@psa.asn.au email address.

We are also asking all members to let us know their workplace fax numbers and to update their home and personal phone contact details so we can contact you directly.

If you can help please email us at:

For information contact

Authorised by Anne Gardiner, General Secretary, PSA of NSW, 160 Clarence Street Sydney 2000



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