SafeWork NSW update Better Reg - Aug 2019 (PDF version)

Better Regulation Division realignment

On 7 August 2019, the Department released the draft operational structure for the BRD. This starts a three-week consultation period through which time staff should have an opportunity to discuss with their immediate managers and participate in a range of other consultative mechanisms.

The PSA strongly encourages members to participate with the consultation process, will also be attending additional briefing with the SWI VG, and will arrange for lunchtime meetings with members in the workplace.

An additional meeting for your VG has been arranged for Tuesday 20 August 2019 and there will be a further report back to members after that.

Members are welcome to provide feedback through to the SWI VG "> and to PSA Industrial Officer Simon van Vegchel by email ">.

Dispute update

On 24 July 2019, the PSA, with Michael Burns as our Solicitor, had a report back before Commissioner Webster in relation to the current s.19 Award review and s.130 Dispute.

Following lengthy discussions between the parties aided by the Commissioner, the following orders were made:

1. In respect of the s.19 Award Review, the parties agreed that discussions should continue to a view of finalising those matters, which are agreed in principle. There is a difference of opinion between the parties as to what will fall into the scope of a s.19 review with the PSA firmly of the view that areas raised by the Department – in particular, After Hours Response Service, Motor Vehicles, Competencies, Sick Leave – Mutual Leave Fund in particular are well outside of the scope of a s.19 Award review and should be subject to an application to vary the Award.
2. As to the s.130 dispute in relation to whether or not the Department is in breach of clause 16.1 of the Award by appointing persons to the role of Senior Inspector and above without holding the relevant competencies the parties have decided for one last attempt at conciliation.
3. Conciliation has been set down before Commissioner Murphy for Wednesday 14 August, a further report back to members following this will be provided afterwards.
4. In the meantime, the Commissioner Webster has set a timetable for arbitration should they be required. The new timetable is:

• PSA to refile evidence by Wednesday 28 August 2019,
• Department to respond by Wednesday 2 October 2019,
• PSA reply to Departments evidence by Tuesday 15 October.

It is estimated that the hearing will take approximately two days and the PSA is to provide by close of business on 23 August 2019 dates in November/December in which we are not available to facilitate the timetabling of the hearing.

Travel Allowances

At the AGM and quarterly VG, meeting on 6 August 2019 it was reported by some members that SafeWork management had stated that the PSA had traded away travel allowances.

This is 100 per cent false; Travel Allowances are contained within the Crown Employees (Public Service Conditions of Employment) Reviewed Award, and there has been no change to the relevant sections of this Award.

Clauses 26 – 33 of that Award outline the arrangements that should be available to Inspectors when required to travel for work.

As previously reported to members, the PSA has notified the Department of a dispute and some initial discussions with the Senior Employee Relations Advisor have occurred.

In the interim, members who put a claim in for a travel allowance and have it refused are asked to contact Simon van Vegchel to provide the PSA with details.