Your union and delegates met with SafeWork management on 13 August 2024 for the SafeWork Joint Consultative sub-Committee (JCSC) at which the following matters were discussed:

Recruitment

SafeWork is in the middle of a Restructure Management Process (RMP)  so there is nothing to report on recruitment at the moment, however it will be a standing item on the JCSC agenda.

Work Health and Safety (WHS)

There are a range of processes and procedures being developed which will go out for consultation.  The First Aid procedures have been out for consultation and feedback has just closed on the WHS Issues Resolution Procedure.  PSA will be involved in consultation.

Mutual Sick Leave Fund

This will be a standing item on the JCSC agenda. The second quarter balance as at 30 June 2024 is 2471.31 days.

PSA Items:

Complaints Against Inspectors, Dealing with Aggressive and Intimidatory Behaviour and Inspector Safety (Body Worn Cameras)

Delegates raised serious concerns to which management responded as follows:

• Management stated that additional triage by way of a risk assessment protocol is in place for the aggressive and intimidatory behaviour. They have not received feedback that that has not been working.
• They are setting up a community of practice internally to inform the view of the Regulator on specific topics.
• They have met with the employers of those exhibiting intimidatory behaviours and aggression to try and resolve concerns and stated that it is important that Inspectors feel supported. PSA expressed the view that this was not the case and that Inspectors do not feel supported.
• Safework are attempting to reset relationships and calling out lack of respect. They are monitoring that the process around raising concerns is being followed.
• There is still resistance from management around providing body worn cameras. Delegates called out that usage fits within the general powers of entry, S165(1)(c) of the Work Health and Safety Act (WHS Act). The Deputy Secretary advised that he wants to look at it in its totality.  The working group set up to look at this has stopped meeting however there is a proposal to meet with the Attorney-General’s department.
• The Vocational Group delegates advised that it was not appropriate to have people who had verbally abused and/or threatened staff members speak at a Directorate meeting and advised that members would be reminded of their rights to cease unsafe work under S84 of the WHS Act

 

Your delegates went on to discuss Vehicles, issues with the fleet, costs associated with vehicles, flexible working and loss of hours, Resource Regulator Referrals and getting back to the original intent of the Memorandum of Understanding and consistency in decision making in general.  It was agreed that these matters would be considered in more detail offline, with further meetings to be scheduled with Employee Relations.

The lack of PSA noticeboards was also raised and, as PSA has already begun discussing this with management in relation to a number of other areas, we will add this concern to those discussions.

A further bulletin will be provided after we meet with Employee Relations.

Restructure: Implementation, Mobility and Redundancies – Voluntary and Forced

PSA has received a number of questions from members in relation to the pathway from implementation through to being declared Excess.

For the sake of clarification, if you are not directly matched at stage 1 and do not get a role through an EOI at stage 2, you will head into mobility.  Mobility is an 8-week process.

All government departments are obliged to put their roles into the mobility process prior to recruiting externally so within the 8 weeks you can be matched to any role at grade (where you meet the capabilities) in any department.

You cannot unreasonably refuse the role.  (Unreasonable refusal would be I want a VR.)  You can reasonably refuse (for example, I am in Finance and this role is in Finance but it’s in tax and my skillset is not tax OR I have carer’s responsibilities and they clash with travel for this role).

You can opt for a lower graded role in Mobility and, if it is in DCS, you will get 3 months’ salary maintenance.  If it’s in a different department DCS has no ability to do that for you and you would have to look at negotiating that yourself and making your decision accordingly.  (Not having the salary maintenance could constitute a reasonable refusal but also bear in mind that you would have to ask to be considered for a lower graded role in the first place.  You would not be matched to it as a matter of course. So they don’t have to offer it.)

If you don’t get a role through mobility, you will then be declared excess and come under the Managing Excess Employees Policy (MEEP).  At this point you will have the choice of a voluntary redundancy or 12 weeks’ redeployment.  If you choose redeployment, you will be given meaningful work to do while looking for a role, staying in paid employment and accruing entitlements such as leave and superannuation.

At the end of the redeployment period, if you have not got a role, you will be given a forced redundancy payment.

You can find the relevant payment tables from the MEEP HERE.

PSA will continue to meet weekly with management to progress member concerns.  Please continue providing these to your delegates or contact quoting reference number 222675