Members, as advised within our Bulletin dated 14 June 2019 on the decision as taken by the Department of Justice Industrial Relations in which those who ceased work under Section 84 of the WHS ACT on 9 June 2019, your pay was deducted.
The PSA, as advised, lodged a dispute within the NSW Industrial Relations Commission with the matter heard before Commissioner Sloan on Tuesday, 19 June 2019.
The Association again stated to Commissioner Sloan that the action taken on 9 June 2019 was due to ongoing problems across all centres with assaults on our members increasing and that the action taken is more than justified with the Department turning a blind eye in managing these detainees.
We also advised Commissioner Sloan of the further incident at Frank Baxter in which detainees destroyed the Penang Unit and, as you are aware, proceeded to the roof and remained there until Monday, 10 June 2019.
The Association maintained our argument that the action of ceasing unsafe work was a result of members wanting to improve their working conditions.
The Department argued that the 9 June 2019 was a co-ordinated campaign of industrial action across the 4 Centres and although common in nature of that being the same time, the same period of time and the same reason, it was industrial action and that the matter could only be determined by way of hearing.
Commissioner Sloan stated that there were immediate concerns with regards to the action taken under Section 84 and that the Commission needs to be satisfied of immediate and imminent risk different to section 143 of the IRC Act (see HERE).
And on the basis of the action taken on 9 June 2019 he was not prepared to make a recommendation as there were factual differences between the parties.
The matter is now scheduled for arbitration and will be heard from 18 to 20 September 2019.
We acknowledge that the decision from the IRC is disappointing however we maintain that members were taking action as they had enough of being assaulted.
We ask members who have had their pay deducted to contact the PSA and advise of the following:
- What Detention Centre you work at and what hours were deducted from your pay 9 June 2019.
What can you do in the meantime:
- Ask a work colleague join the PSA today
- Make the union strong by forwarding this bulletin to your colleagues
- Attend PSA meetings at your worksite
- Get involved become a PSA Delegate
- Not a member? JOIN online!
Your PSA staff
Julie Bond – Senior Industrial Officer
Gino Di Candilo – Industrial Officer
Leonie Wright – Organiser